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CASE(S) HIGHLIGHT
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS; MALAYAN BANKING BHD (INTERVENER)
COURT OF APPEAL, PUTRAJAYA
IDRUS HARUN JCA; HASNAH MOHAMMED HASHIM JCA;
YEOH WEE SIAM JCA
[CIVIL APPEALS NO: J-02(W)-219-02-2017, J-02(W)-220-02-2017, J-02(W)-221-02-2017, J-02(W)-224-02-2017, J-02(W)-225-02-2017, J-02(W)-226-02-2017, J-02(W)-227-02-2017 & J-02(W)-228-02-2017]
22 JANUARY 2019
(Trusts; Civil Procedure - Duties - Fiduciary duty - Breach by trustees - Failure by trustees to account for losses - Whether trustees liable for losses suffered by Trust - Receiver and manager - Whether empowered to institute any legal proceedings - Judgments - Grounds of judgment - Whether decision based on evidence adequately found and on law - Application to impugn judgment by intervener - Whether judgment concerned intervener - Whether exemplary damages unconnected with substance of appeal - Whether fatally flawed)
Judgment
See also:
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TETUAN KHANA & CO v. SALING LAU BEE CHIANG & OTHER APPEALS [2019] 3 CLJ 1
- TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS [2019] 1 CLJ 501
CASE(S) OF THE WEEK
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SUPERINTENDENT OF LAND AND SURVEY DEPARTMENT KUCHING-DIVISIONAL OFFICE & ANOR v. RATNAWATI HASBI MOHAMAD SULEIMAN
[2020] 2 CLJ 425
FEDERAL COURT, KUCHING
TENGKU MAIMUN TUAN MAT CJ; DAVID WONG DAK WAH CJ (SABAH AND SARAWAK); ROHANA YUSUF FCJ; IDRUS HARUN FCJ; NALLINI PATHMANATHAN FCJ
[CIVIL APPEAL NO: 01(f)-27-08-2018(Q)]
15 JANUARY 2020
Where a declaration is made by the Minister under s. 48 of the Sarawak Land Code to resume land for a public purpose, the resumption exercise cannot be considered as unlawful or fatally flawed or liable to be set aside by reason only that the Superintendent has failed to comply with the statutory requirements in the conduct of an inquiry to assess compensation thereof. Further, no declaratory orders can be made for the subject land to be reinstated on a status quo basis, or reverted to its original position prior to the resumption. Granting such declaratory orders are akin to ordering for recovery of land against the Government, and that is clearly barred by s. 29(1)(b) Government Proceedings Act 1956.
The power of the Minister to make a declaration under s. 48 of the Code includes the power to amend, withdraw or suspend the declaration. Accordingly, absent any express provision that a declaration under s. 48 is extinguished or lapsed upon the completion of the resumption of the acquired land, the s. 48 declaration cannot, by implication or assumption, simply become exhausted or extinguished when the resumption of the subject land had been completed.
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ARTICLE HIGHLIGHT
Competition chief bares his teeth: JD Sports deal just the latest to be questioned by watchdog
UK Competition
Watchdog warns JD Sports' takeover of smaller rival Footasylum could leave shoppers worse off
JD Sports has blasted Britain's competition watchdog after it moved to block the retailer's takeover of Footasylum. But, baring its new-found teeth, the Competition and Markets Authority (CMA) warned the deal could leave shoppers worse off.
Following a six-month investigation, the CMA said it may now force JD Sports to sell Footasylum less than a year after it bought the chain for £90million.
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Indian couple gets jail in Singapore's first labour trafficking conviction
SINGAPOREHuman rights
Indian nationals' case is first labour trafficking conviction
An Indian couple was sentenced to more than five years in jail in Singapore on Tuesday for exploiting migrant women, the first labour trafficking conviction in the affluent nation that is home to many foreign workers.
The two Indian nationals were given a prison term of five years and six months each after they were found guilty of exploiting three Bangladeshi women they recruited to dance at nightclubs they ran in Singapore.
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Spanish court rules workers can have pay deducted for smoking breaks
EUROPEEmployment
Spanish energy firm that stopped paying employees for coffee, smoking breaks wins case
A company that stopped paying its employees for smoking breaks has won its case in Spain's high court.
Energy company Galp says it was implementing Spanish law when it began deducting time spent off premises from employees' working days.
A quick coffee break or breakfast with a colleague is also included in Galp's policy, which began in September last year.
The trade union that brought the case to court plans to appeal the decision.
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Legal experts urge caution on high court ruling that Aboriginal Australians are not 'aliens'
AUSTRALIAImmigration
In 4-3 landmark ruling for first inhabitants, HC says Australian Aboriginals cannot be deported
Legal experts have warned it would be premature to jump to conclusions about the implications of a landmark high court decision that found Australian Aboriginal people cannot be regarded as aliens under the constitution.
The high court ruled in a four-to-three decision that Aboriginal people with sufficient connections to their communities and country cannot be subject to s.51(xix) of the constitution, known as the aliens power, and therefore cannot be deported.
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How to sack a worker for racism (according to Fair Work)
AUSTRALIAEmployment
Consultant's breach of code of conduct, diversity policy amounted to valid reason for dismissal
It goes without saying that employees should treat each other with respect and courtesy in the workplace.
In a recent decision, the Fair Work Commission (FWC) was tasked with considering a claim from a dismissed employee who alleged that remarks he made in the workplace were not offensive and did not justify his dismissal.
The employee in this case was a customer save consultant and had been working for his employer for about two years. In 2018, as part of his employment, the employee attended a training course with his colleagues about identifying customer concerns over telephone. The training required the attendees to diagnose a customer’s issues as though they were a doctor.
In the course of the exercise, the employee said to the trainer, “ask these guys”, meaning the three colleagues sitting next to him who he believed to be Indian. The trainer asked, “why these guys?”, and the employee responded, “they’re Indian, and all Indians are doctors”.
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