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CASE(S) OF THE WEEK

MOHD KAMAL OMAR v. UNITED OVERSEAS BANK (MALAYSIA) BHD & OTHER APPEALS [2018] 5 CLJ 657
FEDERAL COURT, PUTRAJAYA
ZULKEFLI AHMAD MAKINUDIN PCA, ZAINUN ALI FCJ, RAMLY ALI FCJ, AZAHAR MOHAMED FCJ, BALIA YUSOF WAHI FCJ
[CIVIL APPEALS NO: 03(f)-2-04-2017(W), 03(f)-3-01-2017(W) & 03(f)-4-01-2017(W)]
03 MAY 2018

BANKRUPTCY: Notice – Setting aside – Judgment creditor obtained final judgment and commenced judgment debtors summons against judgment debtors – Whether judgment creditor entitled to commence bankruptcy proceeding – Making of order on judgment debtor summons pursuant to Debtors Act 1957 for satisfaction of original judgment by payment of instalments – Whether constitutes variation or modification of original judgment – Whether bankruptcy notice founded on original judgment invalidated – Whether bankruptcy notice a nullity

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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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ARTICLE HIGHLIGHT

Louboutin wins EU court battle over distinctive red soles

EUROPE
Intellectual property
French designer wins fight over trademark protection for signature red soles
Christian Louboutin’s battle to protect the distinctive red soles on the shoes he designs got a boost on Tuesday when the European Union’s top court said their red color was separate from the shape of the soles, which is usually not protected under EU trademark law. The judges at the Court of Justice of the European Union (ECJ) did not follow the advice of the advocate general who said in February that the red color could not be considered as being separate from the shape of the sole.

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High Court allows Milorad Trkulja to sue Google for defamation over images linked to crime bosses

AUSTRALIA
Tort
Shooting victim gets court nod to sue search engine Google
A man who claims to be defamed by Google has now been given the green light to sue the search engine by the High Court. Milorad Trkulja was shot in the back by an unknown gunman in Melbourne in 2004, at the time of a series of underworld killings. He wants to sue Google for defamation after discovering that searches for his name brought up images of mob figures due to the shooting coinciding with gangland activity in the city.

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Indian court decides meaning of the Lol emoji

INDIA
The legal meaning of the famous LOL emoji assessed in the Madras High Court in India, as court decides an employee's criminal complaint.
A petition to quash this complaint was heard by Justice SS Sundar at the Madurai Bench. The complainant was another BSNL employee, who had used a BSNL WhatsApp group to post a video of customers speaking of their grievances about BSNL network coverage. Taking exception to the post, the 46 accused employees retaliated by flooding the group with the LOL emoji. The complainant then filed a criminal complaint, listing out offences under the Information Technology Act, 2000, the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The Court, found the complaint filed to be devoid of merit and therefore quashed, but the judge suggested an apology was in order.

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Hairdresser wins unfair dismissal claim after Facebook Messenger conversation with boss “spiralled out of control”

AUSTRALIA
Employment
Hairdresser was unfairly dismissed
In a decision before the Fair Work Commission last week, a hairdresser was held to have been unfairly dismissed after an exchange with her boss over Facebook Messenger where he aggressively turned on her. The employee (JLM) and her boss (CT) regularly conversed outside of hours on Facebook messenger. On 6 December 2017, however, their exchange “spiralled out of control”.

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J&J defends itself in trial over baby powder asbestos claims

US
Healthcare
Lawyers for Johnson & Johnson reject claims widely-used baby powder contains asbestos
A trial for a lawsuit alleging that Johnson & Johnson Baby Powder was responsible for the death of a woman due to her exposure to cancer-causing asbestos began in South Carolina on Monday in the latest case against the healthcare conglomerate and a supplier over their talc-based products. J&J said that its widely-used baby powder never contained asbestos, a known carcinogen linked to mesothelioma. The case also names as a defendant a local unit of Rite Aid, one of the largest U.S. drugstore chains, which allegedly sold the baby powder used by the woman.

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