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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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  • 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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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (09 April 2019)
  • PU(A) 398/1981
    Pesticides (Certificate of Identity) Rules 1981
  • Latest Revoked (11 April 2019)
  • PU(A) 1/1989
    Factories and Machinery (Noise Exposure) Regulation 1989




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