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    CASE(S) OF THE WEEK

  • TRA MINING (MALAYSIA) SDN BHD v. THIEN HONG TECK & ORS AND ANOTHER APPEAL [2018] 10 CLJ 438
    FEDERAL COURT, PUTRAJAYA
    AHMAD MAAROP CJ (MALAYA), RAMLY ALI FCJ, AZAHAR MOHAMED FCJ, BALIA YUSOF WAHI FCJ, AZIAH ALI FCJ
    [CIVIL APPEALS NO: 02(i)-49-07-2015(W) & 02(i)-50-07-2015(W)]
    08 AUGUST 2018

    PARTNERSHIP: Winding-up – Setting aside – Requirement of having more than five members at time of presentation of petition – Whether complied with – Whether bankrupt partner considered member in partnership – Whether remaining partners in partnership had locus standi and cause of action – Whether winding-up order valid and proper – Companies Act 1965, ss. 314 & 315 – Partnership Act 1961, ss. 41 & 47

    PARTNERSHIP: Winding-up – Petition – Partner in partnership entered assignment agreement with assignee – Whether assignee deemed as partner for purpose of ascertaining number of partners during presentation of petition – Companies Act 1965, s. 314(2)

    COMPANY LAW: Winding-up – Unregistered companies – Partnership with more than five members – Whether unregistered company – Whether creditor’s petition or partner’s petition – Whether partnership could be wound-up – Companies Act 1965, ss. 314 & 315 – Partnership Act 1961, ss. 41 & 47

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  • FAIRISE ODYSSEY (M) SDN BHD v. TENAGA NASIONAL BHD [2018] 10 CLJ 281
    COURT OF APPEAL, PUTRAJAYA
    HAMID SULTAN ABU BACKER JCA, UMI KALTHUM ABDUL MAJID JCA, ZALEHA YUSOF JCA
    [CIVIL APPEAL NO: W-02(NCVC)(W)-1267-07-2014]
    22 MAY 2018

    TORT: Trespass – Trespass to land – Allegation of continuing trespass – Erection of transmission lines on proprietor’s land for construction of power sub-substation – Whether approval by State Authority obtained – Whether there was implicit approval – Whether approval to construct transmission lines must be in writing – Whether ‘State Executive Committee’ State Authority – Whether approval must be given by State Executive Committee – Whether there was continuing trespass – Whether Electricity Supply Act 1990 or Electricity Act 1949 applicable in determining claim

    LAND LAW: Trespass – Trespass to land – Erection of transmission lines on proprietor’s land for construction of power sub-substation – Whether approval by State Authority obtained – Whether there was implicit approval – Whether approval to construct transmission lines must be in writing – Whether ‘State Executive Committee’ State Authority – Whether approval must be given by State Executive Committee – Whether there was continuing trespass

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  • ARTICLE HIGHLIGHT

    Over there, over here, prepaid concept to hit UK

    UK firm Slater & Gordon teams up with US company to pilot app offering consumer legal advice for 'a pony' a month.
    A new app is to be rolled out in the UK, giving users the full range of consumer legal advice and support is being touted at £24 a month, a pound short of ‘a pony’ in English money slang. The app, called LegalDefence, currently being piloted, will be rolled out early next year. The app is a sustained attempt to establish the concept of pre-paid legal services in the UK, which has been around for some time in the US. The app has been developed by LegalShield, a US company founded in 1972 by Harland Stonecipher.

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  • Companies 'can sack workers for refusing to use fingerprint scanners'

    AUSTRALIA 
    Privacy
    Businesses 'can sack workers for refusing to use fingerprint scanners'
    Businesses using fingerprint scanners to monitor their workforce can legally sack employees who refuse to hand over biometric information on privacy grounds, the Fair Work Commission has ruled. The ruling, which will be appealed, was made in the case of Jeremy Lee, a Queensland sawmill worker who refused to comply with a new fingerprint scanning policy introduced at his work in Imbil, north of the Sunshine Coast, late last year.

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  • NHS manager awarded £1 million pay-out for unfair dismissal

    UK
    Employment
    Dismissed manager awarded £1 million in compensation
    An IT manager at an NHS trust has been awarded £1m in compensation by an employment tribunal after he was unfairly dismissed. Richard Hastings, who worked for King’s College Hospital NHS Foundation Trust, was dismissed in October 2015 for gross misconduct following an incident in the car park. Hastings had an altercation with a van driver and contractor after he tried to make a note of the vehicle’s registration number when the driver racially abused and assaulted him. Hastings had called the hospital’s security office for help but no record of the phone call was logged. Security confirmed they had received the call and that nobody came to his aid.

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  • Supreme Court to rule if customers can sue Apple claiming App Store is illegal monopoly

    US
    Antitrust
    Apple faces trial over 'App Store' monopoly
    Anyone who wants to get an app for an iPhone has only one place to go — Apple's own App Store. The U.S. Supreme Court hears argument Monday on whether customers can sue by claiming that such an arrangement amounts to a monopoly that jacks up prices. If the justices allow the case to go forward in the lower courts and Apple eventually loses, that could disrupt the App Store.

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  • 'All banks in Malaysia must have three core values'

    Islamic finance
    Bank Muamalat needs to be a pioneer in green banking
    Every banking institution in Malaysia, including Bank Muamalat Malaysia Bhd, must have three main core values - integrity, excellent service and future planning in order to empower the country’s economy. Energy, Science, Technology, Environment & Climate Change Minister Yeo Bee Yin said these three core values was practiced at her ministry. “Whether at the ministry or at this bank, the most important thing is to have integrity so that we can manage the people’s finances well. Secondly, all banks, especially Bank Muamalat, must provide excellent service in order to give satisfaction to customers.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (06 December 2018)
  • AKTA 231
    Akta Lembaga Lebuh Raya Malaysia (Pemerbadanan) 1980
    AKTA 108
    Akta (Pemerbadanan) Good Shepherd Nuns 1973
    AKTA 86
    Akta (Pemerbadanan) the Superior of the Institute of the Congregation of the Brothers of Mercy 1972
    AKTA 74
    Akta (Pemerbadanan) St. John Ambulans Malaysia 1972
    AKTA 36
    Akta (Pemerbadanan) Synod Diocese Malaysia Barat 1971
    AKTA 7
    Akta Pendaftaran Penjenayah Dan Orang Yang Tidak Diingini 1969
  • Latest Revoked (04 December 2018)
  • PU(A) 299/2017
    Printing Presses and Publications (Control of Undesirable Publications) (No. 34) Order 2017




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