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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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PUBLIC BANK v. NEW ACE DIGITAL PRINT SDN BHD & ANOR
[2019] 5 CLJ 1
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP CJ (MALAYA), ZAHARAH IBRAHIM FCJ, BALIA YUSOF WAHI FCJ,
ALIZATUL KHAIR OSMAN FCJ, ROHANA YUSUF FCJ
[APPEAL NO: 02(f)-133-11-2017(W)]
14 MARCH 2019
BANKING: Banker and customer – Joint account – Joint account opened between deceased as controlling shareholder of company and managing director – Deceased passed away leaving managing director as surviving joint account holder – RM500,000 drawn out by surviving account holder via forged cheque and honoured by bank – Company and deceased’s administrator filed claim against bank for wrongful payment from joint account through forged cheque – Whether joint account for benefit of company – Whether shareholders of company had legal or equitable right to assets of company – Whether administrator as shareholder of company could inherit assets and had right to claim – Whether company and administrator had contractual relationship with bank over joint account – Whether company and administrator had good cause of action against bank
BANKING: Banker and customer – Joint account – Survivorship clause – Discharge of – Joint account opened between deceased as controlling shareholder of company and managing director – Deceased passed away leaving managing director as surviving joint account holder – RM500,000 drawn out by surviving account holder via forged cheque and honoured by bank – Company and deceased’s administrator filed claim against bank for wrongful payment from joint account through forged cheque – Whether payment in breach of statute and ought to be held unlawful – Whether survivorship clause could discharge bank despite unlawful payment – Whether any allegation of failure to discharge obligation ought to be brought by account holders and not parties who are not privy to joint account – Whether surviving account holder who committed forgery in a position to sue bank – Whether cause of action available to surviving account holder or administrator of deceased against bank – Bills of Exchange Act 1949, s. 73A
BANKING: Cheques – Forgery – Whether bank wrongfully paid out sum from joint account through forged cheque – Joint account opened between deceased as controlling shareholder of company and managing director – Deceased passed away leaving managing director as surviving joint account holder – RM500,000 drawn out by surviving account holder via forged cheque and honoured by bank – Company and deceased’s administrator filed claim against bank for wrongful payment from joint account through forged cheque – Whether payment in breach of statute and ought to be held unlawful – Whether survivorship clause could discharge bank despite unlawful payment – Whether any allegation of failure to discharge obligation ought to be brought by account holders and not parties who are not privy to joint account – Whether surviving account holder who committed forgery in a position to sue bank – Whether cause of action available to surviving account holder or administrator of deceased against bank – Bills of Exchange Act 1949, s. 73A
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ARTICLE HIGHLIGHT
Swiss court declares Uber driver 'employee not contractor
EUROPE Employment
Former Uber driver held to be employee in potentially landmark decision
The ruling by the labour court in Lausanne, which has not been made public, is the first of its kind in Switzerland, labour lawyer Remy Wyler told the AFP news agency.
Between April 2015 and December 2016 the driver was logged in to the UberPop app for more than 5,600 hours and completed more than 9,000 trips.
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Ex-wife awarded half of lottery winnings after appeal court rules they are matrimonial assets
SINGAPOREFamily law
Lottery winnings are matrimonial assets, and should be divided equally in a divorce
Singapore’s highest court has ruled that lottery winnings count as matrimonial assets in a divorce, as it overturned an ex-husband’s claim to a bigger slice of S$1.25 million in winnings from a ticket he had bought.
The ex-husband, now 63, and ex-wife, now 55, were still married in 2002 when 4D numbers delivered the hefty prize money. The ex-husband was initially given 58 per cent of the overall assets — in part on the basis that he had contributed the lottery winnings.
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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’
UKEmployment
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 financeFC 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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