CASE(S) OF THE WEEK
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SYARIKAT SEBATI SDN BHD v. PENGARAH JABATAN PERHUTANAN & ANOR
[2019] 3 CLJ 157
FEDERAL COURT, PUTRAJAYA
HASAN LAH FCJ, AZAHAR MOHAMED FCJ, BALIA YUSOF WAHI FCJ, JEFFREY TAN FCJ, ALIZATUL KHAIR OSMAN
[CIVIL APPEAL NO: 01(f)-29-06-2017(B)]
10 JANUARY 2019
TRADE & INDUSTRY: Forestry – Logging concession – Agreement – Whether there was valid and binding contract – Doctrine of res judicata – Whether arose – Whether defendants entitled to invoke para (j) of letter of approval to terminate logging contract – Issue estoppel – Whether applicable – Whether defendants precluded from re-arguing its right to withdraw concession area – Whether there was mandatory requirement for contract made on behalf of Government or State Government to be reduced into writing – Whether plaintiff entitled to claim for compensation or damages – Government Contracts Act 1949, ss. 2 & 3
CONTRACT: Agreement – Forestry – Logging concession – Whether there was valid and binding contract – Doctrine of res judicata – Whether arose – Whether defendants entitled to invoke para (j) of letter of approval to terminate logging contract – Whether applicable – Whether defendants precluded from re-arguing its right to withdraw concession area – Whether there was mandatory requirement for contract made on behalf of Government or State Government to be reduced into writing – Whether plaintiff entitled to claim for compensation or damages – Government Contracts Act 1949, ss. 2 & 3
STATUTORY INTERPRETATION: Government Contracts Act 1949, ss. 2 & 3 – Intention of Parliament – Whether there was mandatory requirement for contract made in Malaysia on behalf of Government or State Government to be reduced into writing – Whether to safeguard Government against unauthorised contracts – Whether lack of formal contract could serve as loophole – Whether Government Contracts Act 1949 could be used by Government as cloak for denial of responsibilities
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CHONG CHIENG JEN v. DATO SRI FONG JOO CHUNG
[2019] 3 CLJ 380
HIGH COURT SABAH & SARAWAK, KUCHING
SUPANG LIAN J
[CIVIL APPEAL NO: KCH-12A-5/5-2018(HC 1)]
27 NOVEMBER 2018
CIVIL PROCEDURE: Parties – Action – Defamation action – Application by Sarawak State Attorney General (‘SAG’) to appear and participate as amicus curiae – Whether personal action which did not involve public issue – Whether action would require assistance of SAG in interpretation of document – Whether participation of SAG warranted – Whether appearance of SAG would lead to claim of prejudice
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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
Sharia investment start-up aims for Malaysia, India expansion
Islamic financeWahed Invest hopes to launch in Malaysia, India and Nigeria
There are 172 million Muslims in India — roughly equivalent to 10 per cent of the world’s entire Muslim population — and yet there isn’t one Islamic bank.
Junaid Wahedna thought that was strange.
So, when Wahedna was 22, he started his own Sharia-compliant finance company with $30,000 (Dh110,175). Three years later, Wahed Invest is now valued at $100 million, according to Wahedna, the firm’s chief executive.
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Company director hit with record $113,400 fine
SINGAPORECompany law
Director fined S$113,400 for multiple breaches of Companies Act
His breaches of Companies Act include failure to hold AGMs and not filing annual returns for nine firms.
A company director has been given a record fine for multiple breaches of the Companies Act, including failing to hold annual general meetings (AGMs) and not filing annual returns for nine companies.
Tan Hang Song was fined $113,400, the Accounting and Corporate Regulatory Authority (Acra) said in a statement yesterday.
His punishment was nearly double the previous record of $57,000 meted out by the courts last July.
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Casual employment: All employers need to know about recent changes and possible claims
AUSTRALIAEmployment
Timely for employers to examine casual employment arrangements
Casual employees are often hired by employers to supplement their workforce where they may require work to be performed on an intermittent and ad-hoc basis. The renewed focus on casual employment in 2018 serves to remind employers about the need to actively manage casual employment arrangements.
In this post, we step employers through the true nature of casual employment, recent developments and remind employers about key issues associated with casual employees.
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New legislation could outlaw non-disclosure agreements
UK Employment
UK proposes change in law on non-disclosure agreements
New proposals to prevent employers using “gagging clauses” to conceal sexual harassment, intimidation and racism complaints are to be unveiled by the government this week.
The plans, to be included in a consultation, could lead to new legislation that would prevent non-disclosure agreements (NDAs) being used to prevent victims reporting serious complaints to the police.
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30,000 workers to be laid off this year, says MEF
Employment30,000 workers could be laid off this year
MALAYSIAN Employers Federation (MEF) estimates that 30,000 workers will be laid off this year, citing the increasing cost of business as the main reason for the big jump in retrenchment.
Last year, about 21,000 people lost their jobs.
Given the bleak outlook for the job market, MEF urged the government to help employers retain their workers so that both employers and employees can benefit soonest when the economy recovers.
MEF executive director Datuk Shamsuddin Bardan (pix) pointed out that the economy both within and without Malaysia was on the downward trend, posing a big challenge to employers in maintaining their current level of profitability.
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