CASE(S) OF THE WEEK
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CHONG CHIENG JEN v. GOVERNMENT OF STATE OF SARAWAK & ANOR
[2019] 1 CLJ 329
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP PCA, HASAN LAH FCJ, ABU SAMAH NORDIN FCJ, AZAHAR MOHAMED FCJ, AZIAH ALI FCJ
[CIVIL APPEAL NO: 01(f)-39-12-2016(Q)]
26 SEPTEMBER 2018
CIVIL PROCEDURE: Action – Defamation – Libel – Action by State Government and organ of Government against individual for defamatory statements – Right of State Government to sue and maintain action for defamation – Whether English common law principles statutorily precluded from being extended to State Government in Malaysia – Whether party who makes application under O. 14A of Rules of Court 2012 to determine one or more of issues, but not all pleaded by party, deemed to have elected to have abandoned all other causes of action, issues or defences pleaded by party – Government Proceedings Act 1956, s. 3 – Civil Law Act 1956, s. 3(1)
TORT: Defamation – Libel – Action by State Government and organ of Government against individual for defamatory statements – Right of State Government to sue and maintain action for defamation – Whether English common law principles statutorily precluded from being extended to State Government in Malaysia – Whether party who makes application under O. 14A of Rules of Court 2012 to determine one or more of issues, but not all pleaded by party, deemed to have elected to have abandoned all other causes of action, issues or defences pleaded by party – Government Proceedings Act 1956, s. 3 – Civil Law Act 1956, s. 3(1) – Defamation Act 1957, s. 8
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DATUK SERI ANWAR IBRAHIM v. KERAJAAN MALAYSIA & ANOR
[2019] 1 CLJ 445
COURT OF APPEAL, PUTRAJAYA
ROHANA YUSUF JCA, AHMADI ASNAWI JCA, BADARIAH SAHAMID JCA
[CIVIL APPEAL NO: W-01(A)-416-10-2016]
22 FEBRUARY 2018
CONSTITUTIONAL LAW: Legislation – Constitutionality – Challenge against constitutionality of National Security Council Act 2016 (‘NSCA’) – Whether High Court seised with jurisdiction to hear application – Whether challenge on Parliament’s power to legislate – Whether offended ‘basic structure’ of Federal Constitution (‘FC’) – Whether leave under art. 4 of FC required – Federal Constitution, arts. 66(4), 128 & 149
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SUGU K & PARTNERS v. HAI SAN & SONS SDN BHD; PUBLIC BANK BHD (APPLICANT)
[2019] 1 CLJ 432
HIGH COURT MALAYA, KUALA LUMPUR
LAU BEE LAN J
[POST COMPANY WINDING UP PETITION NO: WA-28NCC-72-01-2018]
12 OCTOBER 2018
COMPANY LAW: Liquidators – Removal – Application for – Applicant presented winding-up petition against company and proposed appointment of liquidators – Discovery that company had been wound up by petitioner and liquidators had been appointed – Applicant withdrew winding-up petition and applied to appoint joint and several liquidators in substitution of appointed liquidators – Whether being largest/majority creditor of company gave leverage to applicant to appoint preferred liquidators – Whether winding-up petition by petitioner bona fide – Whether tactical manoeuvre and contrived to thwart applicant’s winding-up petition and appointment of proposed liquidators – Whether application ought to be allowed – Whether it was in interest of liquidation that liquidators be removed/substituted – Companies Act 2016, ss. 376, 383, 469, 477 & 482 – Rules of Court 2012, O. 30
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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
Winery labour company fined $127K for underpaying migrant workers, falsifying records
NEW ZEALANDEmployment
Vineyard contracting company and boss fined more than NZ$120k for exploiting workers
A vineyard contracting company has been fined $127,500 for falsifying and failing to keep wage and leave records for 199 migrant workers.
Marlborough vineyard contracting company Double Seven Services and its owner have been collectively penalised by the Employment Relations Authority.
Double Seven Services was fined by the ERA $85,000 and its sole shareholder, Qin Zhang, was penalised $42,500 for 59 breaches of minimum employment standards.
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Burberry and Louis Vuitton lose counterfeiting case in Singapore
Intellectual property Burberry, Louis Vuitton lose appeal in trademark dispute against freight forwarder Megastar
Burberry and Louis Vuitton have lost their appeal in the Supreme Court of Singapore in a trademark dispute against a local shipping company.
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Christmas party choking incident leads to unfair dismissal ruling
UKEmployment
Bar manager strangled by colleague until she passed out wins unfair dismissal case
The manager of a club in Cardiff won an employment tribunal ruling for unfair dismissal after senior staff failed to properly investigate her collapse at a Christmas party in December last year.
The reason 24-year-old Molly Phillips passed out at the Cameo Club in Roath, was that her colleague, 33-year-old Nathan Webb, put her in a headlock, as seen on CCTV footage shown to the tribunal at Cardiff Magistrates Court.
The footage shows that as Phillips lost consciousness Webb released her, allowing her to fall heavily to the ground. She sought medical attention the next day when she noticed she had suffered a facial palsy. Doctors told her the palsy was “either caused by lack of oxygen or nerve damage”, the hearing heard. Phillips had no clear memory at this stage of the incident.
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Malaysian sukuk: A superior alternative to traditional bonds
Islamic finance
Investors, regardless of faith, continue to embrace SukukThe world’s first sukuk inaugurated in Malaysia back in 1990, when Shell MDS (M) Sdn Bhd launched a US$125 million (RM525 million) issue in ringgit. Since then, the popularity of sukuk, which are non-interest bearing, Shariah-compliant fixed income instruments, has gone from strength to strength, especially in Malaysia.
For years, sukuk have seen high demand from Islamic investors as well as conventional ones in Malaysia, where many regard this asset class as a superior alternative to traditional bonds.
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Insurance broker told to repay bonus after argument over leaving date
UKEmployment
Importance of drafting employment documents unambiguously
An insurance broker has been told he must repay a bonus advance of £500,000 after the Court of Appeal ruled his employment ended the day before his contract stipulated, not the day after.
James Craven, who was hired by insurance firm JLT Speciality, was paid the bonus on the condition that he did not leave the role on or before 31 December 2016.
He subsequently handed in his notice on a date that would have ended his contract before 31 December 2016. After JLT wrote to accept his resignation and said his employment would end on 1 January 2017, it then wrote a follow-up letter confirming that his last day would be 31 December 2016 and asking for Craven to pay back his bonus.
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