-
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:
-
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
-
KAMIL AZMAN ABDUL RAZAK & ORS v. AMANAH RAYA BHD & ORS
[2019] 6 CLJ 419
FEDERAL COURT, PUTRAJAYA
RAMLY ALI FCJ, ZAHARAH IBRAHIM FCJ, ALIZATUL KHAIR OSMAN FCJ,
ROHANA YUSUF FCJ, MOHD ZAWAWI SALLEH FCJ
[CIVIL APPEAL NO: 02(f)-110-10-2017(W)]
30 APRIL 2019
CIVIL PROCEDURE: Judgments and orders – Consent judgment – Performance of clauses – Whether performance of one condition subject to pre-condition – Whether court entitled to release one party of its obligation without releasing other party – Whether ss. 53 and 55 of Contracts Act 1950 applicable
CIVIL PROCEDURE: Judgments and orders – Consent judgment – Variation, setting aside or nullifying valid consent order – Payment of loan facilities – Claim for – Whether there was pre-condition to repayment of loan sums – Whether repayment of loans conditional upon parties entering into joint venture agreement – One party refuses to perform an agreement – Whether counter party may treat himself as discharged – Whether obligation of one party under a clause could be discharged on good reasons – Whether court could release one party from performing a clause of consent judgment – Whether court could set aside or nullify part of valid consent order
TRUSTS: Constructive trust – Property – Purchase of – Property purchased for sole purpose of joint venture – Non-materialisation of joint venture – Whether property purchased held in constructive trust for both parties – Claim for refund of purchase consideration – Whether parties ordered to make refunds of purchase consideration – Whether principles of constructive trust applicable
Read more
-
ARTICLE HIGHLIGHT
Supermarket worker was unfairly dismissed over inappropriate messages to 17-year-old colleague
UKEmployment
Tesco employee unfairly dismissed
A supermarket worker was unfairly dismissed after managers carried out a flawed investigation into ‘inappropriate’ messages he sent to a 17-year-old colleague, a Scottish tribunal has ruled.
The Dundee tribunal said various Tesco managers failed to carry out a fair investigation into comments the worker, who was referred to as S in court documents, made towards a younger co-worker on Facebook, as well as a subsequent comment made in person. S was 39 at the time.
Read more
-
June’s top five employment law cases
UKEmployment
Five most read tribunals of last month
People Management takes a look at the five most read tribunals of last month
1. Railway worker who lowered crossing barrier onto car was not unfairly dismissed
A railway crossing keeper was fairly sacked after he admitted bumping a car with a crossing barrier to “teach its driver a lesson”, a south London employment tribunal (ET) ruled.
Mr A McKay worked for Network Rail as a crossing keeper from May 2005 until he was dismissed on 12 January 2018 following allegations of gross misconduct after the incident involving a car he felt had failed to respect warning alarms.
McKay brought claims of unfair dismissal to the ET, however Judge Katherine Andrews ruled in favour of Network Rail, saying it had reasonable grounds to dismiss McKay and carried out a fair investigation.
Read more
-
Caster Semenya able to run medication-free for now as Swiss court floors IAAF
EUROPESport
Olympic 800m champion cleared to race in events of all distances
Caster Semenya is once again free to run the 800m without having to take medication – at least for the time being – after the Swiss supreme federal court ordered the IAAF to suspend its testosterone regulations for her with immediate effect.
The surprise news – which completely blindsided athletics’ governing body – means that the Olympic champion can compete in distances ranging from 400m to a mile without medication until at least 25 June. However, for now it applies only to the South African and not other athletes with differences in sexual development (DSD).
Read more
-
As privacy is lost a fingerprint at a time, a biometric rebel asserts our rights
AUSTRALIAPrivacy
There needs to be clear boundaries on use of biometric data
In Back to the Future II (1989), fingerprints are used to lock and unlock doors. It’s a benign technology, apart from the rise of “thumb bandits” who amputate thumbs. Gattaca (1997) envisages a bleaker future, where corporations collect DNA samples and genetic discrimination reigns.
Three decades on, “biometric recognition” technology is no longer science fiction. Should we embrace it or fear it?
Read more
-
Why forcing an employee to resign won’t protect you from unfair dismissal
AUSTRALIAEmployment
Negotiated resignation won't always protect employer from subsequent claims of unfair dismissal
The way in which an employee’s employment is finalised could have a significant bearing on that employee’s entitlement to make certain claims, such as unfair dismissal.
When faced with claims of unfair dismissal, one of the jurisdictional objections available is that the termination was not at the initiative of the employer (i.e. the employee resigned).
The question of the employer’s initiative becomes murky where the resignation is given in response to the employer saying – “You should resign. We are going to fire you if you don’t.”
Read more
Emails sent to you weekly with the latest updates on the law.
