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    CASE(S) OF THE WEEK

  • KERUNTUM SDN BHD v. THE DIRECTOR OF FOREST & ORS [2018] 4 CLJ 145
    FEDERAL COURT, PUTRAJAYA
    ZULKEFLI AHMAD MAKINUDIN PCA, AZAHAR MOHAMED FCJ, ZAHARAH IBRAHIM FCJ, BALIA YUSOF WAHI FCJ, PRASAD SANDOSHAM ABRAHAM FCJ
    [CIVIL APPEAL NO: 01(f)-22-10-2014(Q)]
    07 DECEMBER 2017

    CIVIL PROCEDURE: Court – Federal Court – Coram failure – Federal Court dismissed applicant’s case – Applicant incorporated in Sarawak and subject to Bornean territory – Whether Bornean dispute before Federal Court must be decided by panel which includes at least one judge with Bornean judicial experience – Whether phrase ‘with Bornean judicial experience’ means having judicial experience at time of sitting – Whether Federal Court Judge who sat and penned judgment dismissing applicant’s case had Bornean judicial experience – Whether there was coram failure – Federal Constitution, arts. 122 & 128 – Report of the Inter Governmental Committee 1962, para. 26(4)

    CONSTITUTIONAL LAW: Courts – Federal Court – Allegation of coram failure – Federal Court dismissed applicant’s case – Applicant incorporated in Sarawak and subject to Bornean territory – Whether Bornean dispute before Federal Court must be decided by panel which includes at least one judge with Bornean judicial experience – Composition and constitution of Federal Court – Whether there was coram failure – Federal Constitution, arts. 122 & 128 – Report of the Inter- Governmental Committee 1962, para. 26(4)

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  • ARTICLE HIGHLIGHT

    Small business vindicated after firing assistant for lying about another staff member’s whereabouts

    AUSTRALIA
    Employment
    MD justified in sacking PA who lied about whereabouts of company director
    A personal assistant has lost her unfair dismissal bid after her boss fired her for covering for the absences of another staff member, who asked her to do things like “put a cup of coffee on my desk” to make it appear they had been in the office. At the end of 2016, the managing director of investment company Grandbridge summarily dismissed his personal assistant on the grounds of “serious misconduct”.

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  • Bipolar manager who sent ‘unprofessional’ emails was unfairly dismissed, tribunal rules

    UK
    Employment
    Manager was unfairly dismissed
    A senior manager at a hospital who was diagnosed with bipolar disorder after being summarily dismissed for sending offensive emails to her colleagues and visiting the house of her boss after working hours was unfairly dismissed, a Birmingham tribunal has found. Mrs S Wheeley lodged a claim for unfair dismissal and disability discrimination after she was dismissed from her job at University Hospitals Birmingham NHS Foundation Trust for sending a series of inappropriate emails her union representative described as “the shortest [professional] suicide note in history”.

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  • Bai` al-Sarf (Currency Exchange)

    Islamic finance
    Bank Negara Malaysia issues policy document on Bai` al-Sarf
    The Bank has issued the policy document on Bai` al-Sarf. It aims to promote end-to-end Shariah compliance within the Islamic financial institutions (IFIs) by specifying Shariah and operational requirements in relation to its application in Islamic financial transactions. The Shariah requirements highlight salient features and essential conditions of a bai` al-sarf contract. The operational requirements outline the regulatory expectations with respect to the governance and oversight, structuring, risk management as well as business and market conduct of bai` al-sarf.

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  • J&J Must Pay Millions Over Banker's Baby Powder Cancer Claim

    Healthcare
    First time jury backs consumer's claims Johnson & Johnson's baby powder causes mesothelioma
    Johnson & Johnson and a talc mining company must pay at least $37 million to an investment banker who blamed the companies’ products for causing him to develop a deadly cancer linked to asbestos. Jurors in state court in New Brunswick, New Jersey concluded Thursday J&J and Imerys SA hid that their talc-based products, including J&J’s iconic baby powder, had been tainted by asbestos and helped cause Stephen Lanzo III’s disease. The jury will also weigh next week whether the companies’ mishandling of the talc warrants an award of punitive damages.

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  • SA High Court rules in favour of principle for black empowerment status

    SOUTH AFRICA
    The mining industry has welcomed the South African High Court ruling in favour of the 'once empowered, always empowered' principle, an issue troubling a number of economic sectors.
    The South African High Court has ruled in favour of the 'once empowered, always empowered' principle, which entitles a company to keep its black empowerment status even if a black partner exits its stake in a firm. The problem affects many industries, but has come to a head in the mining industry this week after industry body The Chamber of Mines had challenged the government's draft mining charter, which specifies that a black ownership target of 26 per cent must be maintained throughout the life of the mine.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (19 April 2018)
  • PU(A) 36/2014
    Water Services Industry (Water Reticulation and Plumbing) Rules 2014
  • Latest Revoked (03 April 2018)
  • PU(B) 366/2016
    Notice of Polling Districts and Polling Centres For the Federal and State Constituencies of the States of Malaya - Corrigendum
    PU(B) 197/2016
    Notice of Polling Districts and Polling Centres For the Federal and State Constituencies of the States of Malaya




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