CASE(S) OF THE WEEK
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MALAYAN BANKING BHD v. GAN BEE SAN & ORS AND ANOTHER APPEAL; SKS FOAM (M) SDN BHD (INTERVENER)
[2019] 1 CLJ 575
FEDERAL COURT, PUTRAJAYA
RICHARD MALANJUM CJ (SABAH & SARAWAK), ZAINUN ALI FCJ, ZAHARAH IBRAHIM FCJ,
ALIZATUL KHAIR OSMAN FCJ, ROHANA YUSUF FCJ
[CIVIL APPEALS NO: 02(f)-99-09-2017(B) & 02(i)-101-09-2017(B)]
22 NOVEMBER 2018
COMPANY LAW: Winding up – Setting aside – Appeal against – Winding up order made by Deputy Registrar – Whether Deputy Registrar had jurisdiction to issue winding up order – Whether matters and applications in court ought to be heard before judge in open court – Whether there was contravention of r. 5(1)(a) of Companies (Winding-up) Rules 1972 – Whether defect serious – Whether order ought to be set aside in interests of justice – Companies Act 1965, ss. 218 & 372(d)
CIVIL PROCEDURE: Jurisdiction – Deputy Registrar – Winding up order made by Deputy Registrar – Whether Deputy Registrar had jurisdiction to issue winding up order – Whether matters and applications in court ought to be heard before judge in open court – Whether there was contravention of r. 5(1)(a) Companies (Winding-up) Rules 1972 – Whether defect serious – Whether order ought to be set aside in interests of justice – Companies Act 1965, ss. 218 & 372(d)
WORDS AND PHRASES: ‘judge in open court’ – Companies (Winding-up) Rules 1972, r. 5(1) – Intention of lawgiver – Whether clear, precise and unambiguous – Whether matters and applications in court ought to be heard before judge in open court
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CASE(S) HIGHLIGHT
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.
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Judgment
Sentencing Decision
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ARTICLE HIGHLIGHT
Winery labour company fined $127K for underpaying migrant workers, falsifying records
NEW ZEALANDEmployment
Vineyard contracting company and boss fined more than NZ$120k for exploiting workers
A vineyard contracting company has been fined $127,500 for falsifying and failing to keep wage and leave records for 199 migrant workers.
Marlborough vineyard contracting company Double Seven Services and its owner have been collectively penalised by the Employment Relations Authority.
Double Seven Services was fined by the ERA $85,000 and its sole shareholder, Qin Zhang, was penalised $42,500 for 59 breaches of minimum employment standards.
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Burberry and Louis Vuitton lose counterfeiting case in Singapore
Intellectual property Burberry, Louis Vuitton lose appeal in trademark dispute against freight forwarder Megastar
Burberry and Louis Vuitton have lost their appeal in the Supreme Court of Singapore in a trademark dispute against a local shipping company.
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Christmas party choking incident leads to unfair dismissal ruling
UKEmployment
Bar manager strangled by colleague until she passed out wins unfair dismissal case
The manager of a club in Cardiff won an employment tribunal ruling for unfair dismissal after senior staff failed to properly investigate her collapse at a Christmas party in December last year.
The reason 24-year-old Molly Phillips passed out at the Cameo Club in Roath, was that her colleague, 33-year-old Nathan Webb, put her in a headlock, as seen on CCTV footage shown to the tribunal at Cardiff Magistrates Court.
The footage shows that as Phillips lost consciousness Webb released her, allowing her to fall heavily to the ground. She sought medical attention the next day when she noticed she had suffered a facial palsy. Doctors told her the palsy was “either caused by lack of oxygen or nerve damage”, the hearing heard. Phillips had no clear memory at this stage of the incident.
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Malaysian sukuk: A superior alternative to traditional bonds
Islamic finance
Investors, regardless of faith, continue to embrace SukukThe world’s first sukuk inaugurated in Malaysia back in 1990, when Shell MDS (M) Sdn Bhd launched a US$125 million (RM525 million) issue in ringgit. Since then, the popularity of sukuk, which are non-interest bearing, Shariah-compliant fixed income instruments, has gone from strength to strength, especially in Malaysia.
For years, sukuk have seen high demand from Islamic investors as well as conventional ones in Malaysia, where many regard this asset class as a superior alternative to traditional bonds.
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Insurance broker told to repay bonus after argument over leaving date
UKEmployment
Importance of drafting employment documents unambiguously
An insurance broker has been told he must repay a bonus advance of £500,000 after the Court of Appeal ruled his employment ended the day before his contract stipulated, not the day after.
James Craven, who was hired by insurance firm JLT Speciality, was paid the bonus on the condition that he did not leave the role on or before 31 December 2016.
He subsequently handed in his notice on a date that would have ended his contract before 31 December 2016. After JLT wrote to accept his resignation and said his employment would end on 1 January 2017, it then wrote a follow-up letter confirming that his last day would be 31 December 2016 and asking for Craven to pay back his bonus.
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