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CASE(S) HIGHLIGHT
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BOULEVARD PLAZA SDN BHD v. GAS DISTRICT COOLING (PUTRAJAYA) SDN BHD & ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
VERNON ONG LAM KIAT JCA; ZABARIAH MOHD YUSOF JCA; YEW JEN KIE JCA
[CIVIL APPEALS NO: W-02(NCC)(A)-1117-05-2018 & W-02(IM)(NCC)-1126-05-2018]
14 OCTOBER 2019
The phrase "supplies including water, electricity, gas and telecommunications" appearing in s. 392(6) of the Companies Act 2016 ('CA') is not exhaustive and thus, chilled water falls within the category of 'supplies' in s. 392(6) of the CA as it serves as a public utility which is essential and beneficial to the public in Putrajaya. Pursuant to the objective of the introduction of the provisions of s. 392(6) & (7) of the CA, the supplier of chilled water could not insist on payment of pre-receivership charges as a condition for the continuous supply of chilled water to the company under receivership.
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BALA SUBRAMANIYAM MOOKAPILLAI & ANOR v. TETUAN RAJ SELVA & CO
HIGH COURT MALAYA, IPOH
ANSELM CHARLES FERNANDIS JC
[PETITION NO: AA-17D-02-12-2017]
10 MARCH 2020
1. In addition to issues of complexity and the value of any property in dispute, in awarding "getting up" fees the court may further consider the duration of representation by counsel and whether counsel had laid the basis for the eventual success of a case, although no longer acting for the client when the case went up on appeal.
2. Despite the delivery of a bill of cost after the statutory limitation period has set in, the acknowledgment by a client that payment of professional fees is due amounts to a fresh accrual of action, and thus, time begins to run when a petition for a bill of costs to be taxed is filed.
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JUDICIAL QUOTES
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“I end this judgment with the hope that the Malay Reservation Enactment can be updated (if not reformed) so as to enable financing of the development of Malay holdings in the interest of - (1) their Malay owners in particular; and (2) the Malay community and the country as a whole.” – per Wong Kian Kheong J in Syed Shaharul Mohamed Nasir & Anor v. Pentadbir Tanah Daerah Kelang & Anor [2020] 5 CLJ 842; [2020] 1 LNS 317
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ARTICLE HIGHLIGHT
Ex-Uber drivers set for 'final showdown' in court case
UKEmployment
US ride-haling firm Uber defends business model in battle over rights in workplace
Two former Uber drivers will face the ride-hailing giant in court on Tuesday in a case that will decide whether Uber drivers should be classed as workers or self-employed.
Yaseen Aslam and James Farrar say by classing drivers as contractors, the firm denies them basic rights.
But Uber says the "vast majority" of its drivers like being freelance.
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Supreme Court Helps Trademark Owners: Proof of “Willfulness” Is Not Required To Recover Infringer’s Profits
USSupreme Court Helps Trademark Owners: Proof of "Willfulness" Is Not Required To Recover Infringer's Profits
In April 2020, the U.S. Supreme Court ruled that trademark infringers can be required to hand over their profits to a brand owner even if their conduct was not “willful.” The case was Romag Fasteners v. Fossil Group, Inc., 590 U.S. (2020). It is an important case for trademark owners because it lowers the plaintiff’s burden to recover a defendant’s ill-gotten profits.
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Australian Government sued by 23-year-old Melbourne student over financial risks of climate change
AUSTRALIAEnvironment
Law student's suit over risks to investments through climate change is first of its kind
A 23-year-old Melbourne law student is suing the Australian Government for failing to disclose the risk climate change poses to Australians' super and other safe investments. The world-first case filed on Wednesday in the Federal Court alleges the Government, as well as two government officials, failed in a duty to disclose how climate change would impact the value of government bonds.
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EU Court: No Need to Reveal IP Addresses in Uploading Cases
EUROPEIntellectual property
Online platforms just need to provide postal address of users who illegally upload copyright material
The European Union’s highest court ruled Thursday that online platforms don't have to disclose the full personal data including email addresses, telephone numbers or IP addresses of users who illegally upload movies and copyright material.
The case stems from a German film distributor's request that YouTube provide details about users who had uploaded the films “Parker” and “Scary Movie 5? onto the platform.
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Asda equal pay case comes before Supreme Court
UKEmployment
SC hears long-running equal pay dispute between Asda and shop-floor staff
Some 38,000 Asda shop floor workers, most of whom are women, claim they should be paid the same wages as distribution centre staff, who are mostly men and receive a higher hourly rate. The Supreme Court will consider whether consider whether the shop floor staff are entitled to compare their wages to those of distribution staff for equal pay purposes. The hearing, which takes place today and tomorrow (14 July) is the last chance for Asda to argue that the roles are not comparable.
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