KERUNTUM SDN BHD v. THE DIRECTOR OF FOREST & ORS  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)
Uber rape case: Cab driver Shiv Kumar Yadav found guilty, faces life imprisonment
More than 10 months after a 25-year-old woman was raped and sexually assaulted inside a radio taxi in the national capital, a fast-track court in Delhi Tuesday convicted cab driver Shiv Kumar Yadav, holding him guilty on charges of rape and endangering the life of the victim. Yadav, a former driver of Uber taxi service, faces a maximum punishment of life imprisonment.
Small business vindicated after firing assistant for lying about another staff member’s whereabouts
AUSTRALIAEmploymentMD justified in sacking PA who lied about whereabouts of company directorA 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”.
Bipolar manager who sent ‘unprofessional’ emails was unfairly dismissed, tribunal rules
UKEmploymentManager was unfairly dismissedA 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”.
Bai` al-Sarf (Currency Exchange)
Islamic financeBank Negara Malaysia issues policy document on Bai` al-SarfThe 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.
J&J Must Pay Millions Over Banker's Baby Powder Cancer Claim
HealthcareFirst time jury backs consumer's claims Johnson & Johnson's baby powder causes mesotheliomaJohnson & 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.
SA High Court rules in favour of principle for black empowerment status
SOUTH AFRICAThe 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.
CASE(S) OF THE WEEK