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    CASE(S) OF THE WEEK

  • CHEONG HUEY CHARN v. PANG MUN CHUNG & ANOR [2018] 1 CLJ 491
    HIGH COURT MALAYA, KUALA LUMPUR
    S NANTHA BALAN J
    [APPEAL NO: WA-12BNCVC-172-11-2016]
    07 AUGUST 2017

    CONTRACT: Illegality - Agreement - Sale and purchase agreement - Bank policy of not granting loans to non-citizens - Non-citizen vendor entered into sale and purchase agreement with purported purchaser to circumvent bank's policy - Whether purported purchaser was holding property on trust for purported vendor - Whether sale and purchase agreement amounted to illegality - Whether against public policy - Whether purported vendor could rely on sale and purchase agreement in making claim against purported purchaser at court - Contracts Act 1950, s. 24(e)

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  • ARTICLE HIGHLIGHT

    Casual employees and their rights to convert to full-time employment

    AUSTRALIA
    Employment
    Freight handler denied right to convert from casual employment to permanent full-time work
    In a first of its kind decision, the Federal Court of Australia recently upheld the rights of a casual employee to insist that his employer convert his employment to a full-time basis under an enterprise agreement. Senior Associate, Damon King and Solicitor, Emma Scotney discuss the reasons for the decision and, importantly, its relevance to the model casual conversion clause presently being developed by the Fair Work Commission pursuant to the Award Modernisation process.

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  • Sexual harassment in the workplace: What crosses the line?

    US
    Employment
    What constitutes sexual harassment, and when it violates the law
    West, who travels the country to conduct workplace harassment training, including here at CBS News, began by defining the two types of harassment at work: hostile work environment and quid pro quo. For a situation to be considered a hostile work environment, West said the conduct must meet a number of criteria. It must be behavior that's "unwelcome, or offensive, some jurisdictions would say"; it must be directed at someone because of a legally protected characteristic such as race, gender, sexual orientation, or age; and the misconduct must be be severe or pervasive.

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  • Suspension and investigation leading to termination. All within the implied right to issue lawful and reasonable directions?

    AUSTRALIA
    Employment
    Employer's right to issue lawful and reasonable directions can be a powerful tool in managing allegations of misconduct
    In considering the breakdown of the employment relationship between a dental clinic operator, Railway & Transport Health Fund Ltd (RTHF), and one of its principal dentists, Dr Avenia, the Federal Court confirmed that the implied right of an employer to issue lawful and reasonable directions to employees will, in appropriate circumstances, extend to the suspension of employees and the conducting of investigations into allegations of misconduct in the absence of any express contractual right to do so.

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  • Directors' private information safe from liquidators

    NEW ZEALAND
    Insolvency
    Liquidators cannot examine directors' private financial info to decide whether to pursue litigation
    The liquidators applied to the Court for an order requiring a director to provide personal tax returns, bank statements, loan documents, a list of assets, and trust information so that they could assess the potential financial benefit of pursuing the director for an alleged breach of directors’ duties.

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  • Insurers not entitled to a lien over litigation proceeds of a foreign insolvent company

    UK
    Insurance
    Courts reluctant to extend common law or equitable lien in absence of clear legislative intent
    The High Court has held that insurers who had facilitated litigation proceedings by an insolvent company were not entitled to a lien akin to a solicitor’s common law or equitable lien over the proceeds of the litigation to recover the deferred premium.

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  • Lego Wins Its First Copyright Court Case in China Against Bela

    Asia
    Intellectual property
    Danish toymaker Lego wins first copyright court case in China
    The China Shantou Intermediate People’s Court has ruled that products under the name Bela, sold by two Chinese companies, infringed upon Lego’s copyrights, the building block maker said in a statement Thursday. The ruling was made in September, but the appeal window only ended last month, Lego said.

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  • Shipper cleared of trademark infringement

    Singapore
    Intellectual property
    Freight forwarder involved in shipping fake goods not liable for trademark infringement
    The companies behind glitzy brand names such as Louis Vuitton, Gucci, Burberry and Hermes have failed in their lawsuits against a Singapore freight forwarder involved in shipping fake goods from China via Singapore to Batam. The goods could have fetched over $1 million.

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  • Competitor ordered to pay over $6 million in profits in respect of their employees' breaches of duties to a former employer

    AUSTRALIA
    Employment
    Different ways in which companies can recover damages for breaches of duties by ex-employees
    In a recent decision, a funeral fund, Lifeplan Australia Friendly Society Ltd (Lifeplan), successfully brought claims against two of its former employees for using confidential information they took during their employment and disclosing it to a competitor. The Full Court of the Federal Court of Australia (Full Court) found that the senior managers of Lifeplan, Mr Woff and Mr Corby, breached their fiduciary obligations, including obligations under the Corporations Act 2001 (Cth) (Corporations Act), by using Lifeplan's confidential documents to create a business plan aimed to directly compete with the business of Lifeplan. They then disclosed that business plan to a competitor, the Ancient Order of Foresters in Victoria Friendly Society Limited (Foresters), which subsequently became their employer.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (18 January 2018)
  • PU(A) 190/2014
    Goods and Services Tax Regulations 2014
  • Latest Revoked (05 January 2018)
  • PU(B) 174/2017
    Appointment of Date of Coming Into Operation of Rent of Parcel Or Provisional Block



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08 February 2018 | BANGUNAN SULAIMAN, KLRCA
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