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CASE(S) OF THE WEEK

CIMB ISLAMIC BANK BHD v. WELLCOM COMMUNICATIONS (NS) SDN BHD & ANOR [2019] 4 CLJ 1
COURT OF APPEAL, PUTRAJAYA
HAMID SULTAN ABU BACKER JCA, HASNAH MOHAMMED HASHIM JCA, HANIPAH FARIKULLAH JCA
[CIVIL APPEAL NO: W-02(IM)-1888-09-2018]
13 FEBRUARY 2019

COMPANY LAW: Judicial management – Application for – Dismissal of application for judicial management – Applicant obtained stay of dismissal of judicial management order – Effect of – Whether brought judicial management order to life – Whether applicant obtained statutory interim protection – Whether abuse of process of court – Whether there was element of bona fide – Companies Act 2016, ss. 404, 409 & 411

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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

Patagonia sues Budweiser’s parent for its ‘copycat’ beer brand

US
Intellectual property
Apparel company Patagonia claims brewer AB InBev has used marketing to confuse consumers
Outdoor apparel company Patagonia filed a lawsuit Tuesday against Anheuser-Busch InBev, claiming that the brewer’s Patagonia beer is a “copycat brand.” Patagonia alleges that AB InBev is trying to take advantage of the apparel company’s goodwill. AB InBev only recently began testing its Patagonia brand stateside, after years of success in Argentina.

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Energy giant fined £230,000 for unfairly dismissing employee that ‘HR didn’t know how to deal with’

UK
Employment
No substantial reason to justify energy trader's dismissal
One of the UK’s largest energy providers has been ordered to pay an employee £230,000 for unfair dismissal after an HR process a judge said was "reminiscent of a show trial in the former Soviet Union". Scottish and Southern Energy (SSE) said Donald Nutt, who had worked at the firm for 16 years before his dismissal in October 2014, was laid off because of “a breakdown in trust and confidence” between him and his employer.

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First 'super Bench' of nine judges decides Bank Negara council supercedes civil courts on syariah matters

Islamic finance
FC rules Shariah Advisory Council's findings are binding on civil courts
In an unprecedented move, a nine-man Federal Court Bench handed down a landmark majority judgment that any decision by Bank Negara's Syariah Advisory Council (SAC) on Islamic finance is constitutional and binding on civil courts even though the Council is not a judicial body. The nine-man super Bench is the first in the nation's history, but the landmark decision was a narrow 5-4 decision. Previously, a Bench of seven members was the maximum number ever convened to hear such cases in the Federal Court. The dissenting judges were Chief Justice Richard Malanjum, Chief Judge of Malaya Justice Zaharah Ibrahim, Chief Judge of Sabah and Sarawak Justice David Wong Dak Wah, and Federal Court judge Justice Idrus Harun.

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Digitalisation to reshape the Malaysian employment landscape

Employment
Malaysia faces challenges in building digital workforce
THE latest Malaysia Salary Guide for 2019 unveiled by Kelly Services, has shined a spotlight on the growing need for digital skills among workers as Malaysia is swept by the digitalisation wave. The report shows that demand for digital talent is fast growing despite a comparative shortfall of supply, a sign that Malaysia is facing challenges in building its digital workforce. The report, which dives into a wide range of employment sectors, points out that the banking and shared services sectors have been seeing slower growth since the last Malaysian elections. On the other hand, the engineering and information technology sectors are expected to grow in 2019.

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Apex court affirms no misconduct by senior lawyer Cecil Abraham

Legal profession
Senior lawyer cleared of professional misconduct
The Federal Court today affirmed the findings of the Advocates and Solicitors Disciplinary Board (DB) and two lower courts clearing senior lawyer Cecil Abraham of professional misconduct. Chief Judge of Sabah and Sarawak David Wong Dak Wah said based on the circumstances, a reasonable tribunal would have come to the same conclusion that the respondent is not guilty of misconduct.

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