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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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C VIGNESH KUMAR CHELLAPAH & ANOR v. PP
[2019] 8 CLJ 591
COURT OF APPEAL, PUTRAJAYA
MOHTARUDIN BAKI JCA, RHODZARIAH BUJANG JCA, MOHAMAD ZABIDIN DIAH JCA
[CRIMINAL APPEAL NO: W-05-221-04-2018]
19 JULY 2019
Abstract: A decision of the High Court directing an appellant to file a particular application in the Sessions Court instead of in the High Court cannot be said to have finally disposed of the rights of the appellant vis-a-vis the relief sought for therein. Consequently, no appeal shall lie against such decision.
CRIMINAL LAW: Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Section 61 – Appellants applied to be at liberty to attend before court to show why property should not be forfeited and to be declared as bona fide third parties – High Court Judge dismissed application on grounds that it should be made in Sessions Court – Appellants appealed agains tHigh Court decision – Preliminary objections raised – Whether appeal competent – Whether appeal academic – Whether appellants’ rights to be heard by all three tiers of court preserved
CIVIL PROCEDURE: Appeal – Competency of – Appeal against High Court Judge’s decision in dismissing appellants’ application to be at liberty to attend before court to show why property should not be forfeited and to be declared as bona fide third parties – Whether order of High Court Judge was only to direct application be filed in Sessions Court – Whether there was final determination of appellants’ rights – Whether appeal academic – Whether appellants’ rights to be heard by all three tiers of court preserved – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, s. 61
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ARTICLE HIGHLIGHT
Court finds firm wholly to blame for worker's injuries
SINGAPORETort
Maintenance company entirely to blame for worker's injuries
Employer argued man unexpectedly fell, but judge finds co-worker's evidence untruthful.
The High Court placed total blame on a maintenance company for injuries suffered by a worker who fell from a 7m-high fireman's ladder while cleaning and waterproofing a ventilation duct.
The court held Proof-Tech Waterproofing & Maintenance (Proof-Tech) liable to compensate Mr Md Suzon Miah Md Abdul Razak, for failing to ensure his safety.
Mr Suzon, now 31, fell when he was standing near the top of the ladder at the worksite in Toh Tuck Link on June 26, 2015.
Mr Suzon, who got married two months earlier, suffered a spinal fracture and became a paraplegic.
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Singapore braces for challenges in the job market
SINGAPOREEmployment
Workforce grappling with twin challenges of ageing population, technological disruption
Singapore’s workforce is grappling with the twin challenges of an aging population and job losses due to technology.
According to a report on the burden of disease in Singapore between 1990 and 2017, the Southeast Asian nation surpassed Japan in 2017 to become the country with the longest life expectancy at birth — at nearly 85 years old.
Longer life expectancy, coupled with a low fertility rate, has increased the proportion of older people in the country. As a result, the city state’s workforce is rapidly shrinking, creating pressure on the economy.
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Stricter NRIC data collection rules to kick in from Sunday
SINGAPOREData protection
Illegal for organisations to physically hold on to individual's NRIC from Sunday
Non-compliance could result in penalty of up to $1m; firms revising SOPs for data collection.
Companies have less than a week to comply with stricter rules by Singapore's privacy watchdog governing the use, collection and disclosure of the NRIC and other national identification numbers.
In a statement yesterday, the Personal Data Protection Commission (PDPC) reminded organisations that unless required by law, from Sept 1, it will be illegal for organisations to physically hold on to an individual's NRIC and collect its full number.
This applies to birth certificate numbers, foreign identification numbers and work permit numbers as well. The commission had announced changes to the NRIC advisory guidelines last year as a result of established practices that involved the rampant use of the NRIC.
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Feedback sought on conditional fees for lawyers
SINGAPORELegal profession
Public feedback sought on proposed Conditional Fee Agreements
The Law Ministry (MinLaw) is seeking public feedback on a proposed payment option in which a lawyer is paid only when the claim is successful.
The proposed Conditional Fee Agreements (CFAs) is an additional payment method being considered for international and domestic arbitration cases, as well as specified proceedings in the Singapore International Commercial Court and mediation cases connected to them.
The move is in line with Singapore's aim to be a leading international legal hub, said MinLaw yesterday, adding that the views sought are on the proposal to introduce CFAs and the stated categories of proceedings for which they are intended.
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Deliveroo sued by former worker who alleges exploitation and underpayment
AUSTRALIAEmployment
Food delivery giant Deliveroo accused of exploiting bicycle couriers
Food delivery giant Deliveroo is being sued by one its former workers in a case that could have major ramifications for the gig economy. The company is accused of exploiting its bicycle couriers by failing to pay the minimum wage, penalty rates and superannuation.
Former delivery rider Jeremy Rhind will argue in the Federal Circuit Court, that he should have been paid an hourly minimum of $19.49.
Instead, Deliveroo paid him $9 per delivery.
Mr Rhind agreed to the "low rate of pay" because he was a keen cyclist who wanted to make "extra pocket money" to supplement his office job in Canberra.
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