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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:
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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
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HOW CHEE HONG v. CHONG JOO TIAN & ORS
[2019] 9 CLJ 383
HIGH COURT MALAYA, KUALA LUMPUR
NORDIN HASSAN J
[ORIGINATING SUMMONS NO: WA-17D-26-09-2017]
28 FEBRUARY 2019
Abstract: The Disciplinary Committee in an inquiry under the Legal Profession Act 1976 cannot order the production of privileged documents by a solicitor without the express consent of the solicitor's client; an aggrieved solicitor may seek recourse against such an order to the High Court without the need to first appeal to the Disciplinary Board.
CIVIL PROCEDURE: Mode of commencement - Originating summons - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Solicitor filed originating summons seeking declarations that documents protected by solicitor-client privilege - Whether correct mode of commencement - Whether should be by way of judicial review application - Whether matter concerned public or private laws - Whether solicitor exhausted remedy to appeal to Disciplinary Board against DC's order before seeking reliefs at court
LEGAL PROFESSION: Privilege - Solicitor-client privilege - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Whether documents protected by solicitor-client privilege - Whether there was express consent by client - Whether solicitor barred from producing documents - Whether DC bound by solicitor-client privilege - Whether DC seized with jurisdiction to order production of documents - Legal Profession Act 1976, s. 103B(2) - Evidence Act 1950, s. 126(1)
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ARTICLE HIGHLIGHT
Ministry moots raising maternity leave to 98 days, introducing three-day paternity leave
EmploymentMinistry proposing to increase maternity leave to 98 days
The Human Resources Ministry plans to suggest changes to employment laws that include increasing private sector maternity leave from 60 days to 98 days and introducing three days’ paternity leave.
The Human Resources Ministry reportedly said it was proposing to increase the maternity leave to 98 days or equivalent to 14 weeks under the Employment Act.
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Sports Illustrated to cut staff as new owner takes over
USMedia
Sports Illustrated employees latest victims of downsizing affecting digital and print media
The owner of Sports Illustrated, the iconic sports magazine that has suffered a steep decline in recent years along with the broader magazine industry, announced Thursday that it would be laying off a portion of its staff.
The company declined to detail how many employees were dismissed, but The Wall Street Journal reported that 40 people at the magazine had lost their jobs.
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Facebook can be forced to remove content worldwide after landmark EU court ruling
EUROPETechnology
Top court rules Facebook can be ordered to police and remove illegal content worldwide
Facebook can be ordered to police and remove illegal content worldwide, Europe’s top court said on Thursday, in a landmark ruling that rights activists say raises concerns some countries could use it to silence critics. The judgment means social platforms can be forced to seek out hateful content deemed illegal by a national court in the 28-country bloc rather than wait for requests to remove posts as it currently does under EU rules.
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Maximum 24 months in back wages for sacked employees, court rules
EmploymentSacked employees only entitled to maximum 24 months in back wages
The High Court today ruled that sacked employees are only entitled to a maximum 24 months of back wages.
“Back wages cannot exceed 24 months, irrespective of whether the employee is given back his job,” judge Mariana Yahya said in allowing a judicial review application by Novartis Corporation (M) Sdn Bhd.
The company took its complaint to the High Court to quash an Industrial Court award after it was ordered to pay full back wages to its chief financial officer, Leong Chee Kong.
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London court allows mass claim against Google over iPhone data
UK Privacy
Court of Appeal overturns HC ruling that blocked any route to legal redress against Google
London’s Court of Appeal gave the go-ahead for action against Google (GOOGL.O) over claims it collected data from more than 4 million iPhone users, overturning a ruling in 2018 that in effect blocked any route to legal redress.
The claimants said Google, a unit of Alphabet Inc., had illegally accessed details of Apple (AAPL.O) iPhone users’ internet browsing data by bypassing privacy settings on the Safari browser between June 2011 and February 2012.
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