CASE(S) OF THE WEEK
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KHAIRY JAMALUDDIN v. DATO' SERI ANWAR IBRAHIM
[2018] 8 CLJ 409
COURT OF APPEAL, PUTRAJAYA
TENGKU MAIMUN TUAN MAT JCA, ZALEHA YUSOF JCA, ZABARIAH MOHD YUSOF JCA
[CIVIL APPEAL NO: W-02(W)-2061-10-2017]
01 MARCH 2018
CIVIL PROCEDURE: Appeal – Notice of appeal – Preliminary objection – Two separate orders sealed and issued by High Court – Whether separate notices of appeal should have been filed by virtue of Rules of the Court of Appeal 1994 – Whether single notice of appeal defective – Whether notice of appeal ambiguous and uncertain
CIVIL PROCEDURE: Striking out – Notice of appeal – Application for – Whether separate notices of appeal should have been filed by virtue of Rules of the Court of Appeal 1994 – Whether single notice of appeal defective – Whether notice of appeal ambiguous and uncertain
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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
EU lawmakers back publishers over tech giants on copyright
EUROPEIntellectual property
European Union lawmakers voted on Wednesday to force Google, Facebook and other technology firms to share more revenues with European media, publishers and other content creators in a shake-up of copyright rules.
The European Commission, which began the debate two years ago, says the overhaul is necessary to protect Europe’s cultural heritage and create a level playing field between big online platforms and publishers, broadcasters and artists.
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Foodora to fight alleged unfair dismissal case
AUSTRALIAEmployment
Former Foodora rider's case could help set precedent
Foodora will continue to fight an alleged unfair dismissal case after Australian tax authorities classified the company's food delivery riders as employees instead of independent contractors.
The Australian Taxation Office and Revenue NSW started chasing Foodora for unpaid tax and superannuation before the food delivery company went into voluntary administration last month.
Revenue NSW has notified Foodora's administrator the gig company owes $558,075 in payroll tax because it classified Foodora cyclists as employees and not independent contractors as claimed by the company.
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India's supreme court decriminalises gay sex
After years of protest and many days in court, the supreme court reads down India's section 377 which criminalised 'carnal intercourse.'The Supreme Court of India has decriminalised gay sex between consenting adults by reading down Section 377 of the Indian Penal Code (IPC). The judgment titled Navtej Singh Johar & Ors. v. Union of India was delivered by a bench of chief justice of India Dipak Misra and justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
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Record class action launched against Australia’s banks
AUSTRALIABanks
Slater and Gordon launching country's largest class action in history
UP TO five million Australians could get thousands of dollars back from the big banks under what is set to be the largest class action in the nation’s history.
Law firm Slater and Gordon will today launch an unprecedented wave of legal action on behalf of around one in three Australian workers believed to have their super invested as cash with the banks.
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Tealive, Chatime owners reach settlement on franchise disputes
FranchisingFranchisors of Tealive, Chatime resolve dispute
Tealive operator Loob Holding Sdn Bhd and Chatime Taiwanese owner La Kaffa International Co Ltd have reached an out-of-court settlement on all disputes arising from the Chatime bubble tea brand.
In a joint statement today, they said the settlement agreement was executed yesterday with both parties agreeing to withdraw all proceedings in Malaysian courts as well as arbitration in Singapore.
“This settlement shall not constitute nor be deemed or treated by any party as an admission of any allegation and/or liability,” they said.
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UK and Nigeria in legal sector partnership
A new initiative to drive partnership between legal professionals in the UK and Nigeria announced by PM Theresa May on visit to Lagos.
The initiative will bring UK and Nigerian legal professionals together to share knowledge, skills and legal expertise and highlight the advantages of UK legal services to wider business growth. The move is the latest stage of the Ministry of Justice’s ambitious ‘Legal Services are GREAT’ campaign, which aims to promote the strength and breadth of the UK’s legal offer across the globe. The announcement was made as Mrs May visited the securities exchange company FMDQ in Lagos, and is part of a wider government drive to deepen its partnerships with African nations.
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