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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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PP v. ALI AHMAD
[2020] 1 CLJ 548
HIGH COURT MALAYA, SHAH ALAM
MEOR HASHIMI ABDUL HAMID JC
[CRIMINAL APPEAL NO: BA-41H-90-03-2018]
07 APRIL 2019
Whilst it is true that the offence of using criminal force with intent to outrage modesty carries a maximum sentence of 10 years' jail, considerations such as the fact that the accused is a man of advanced age, that he has pleaded guilty at the earliest available opportunity, that he is suffering from chronic illness, that he has spent time under remand and that he is remorseful may collectively weigh heavily in his mitigation. Under such circumstance, a mere fine sentence imposed on him may be justified, proportionate and sustainable.
Read more
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ZAMRI IBRAHIM & ANOR v. KHOO KAH HOCK
[2020] 1 CLJ 582
HIGH COURT MALAYA, KANGAR
ABU BAKAR KATAR J
[CIVIL SUIT NO: RA-22NCvC-6-11-2018]
30 OCTOBER 2019
A judgment or an order of court can be impeached if it is obtained by fraud and the impeachment must be made through a fresh action. Where a witness has given a fraudulent testimony at trial which has influenced the court in arriving at a decision, it is not open for him to plead 'witness immunity' to stifle an action to impeach the decision. This is because it is the judgment, and not the witness, that is being targeted by such action.
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JUDICIAL QUOTES
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“I must say that it is difficult for me to appreciate the arguments canvassed by the 4th Respondent on the issue of justiciability. It seems to me what the 4th Respondent sought to impress upon me is that in actual fact the real target of this review proceeding is the decision made by His Highness the Yang Dipertuan Agong, to acquire the land by way of royal decree. Given the status of the decree as well as the personal status of the Yang Dipertuan Agong the decision is immune from judicial review or not justiciable.”
“That argument, to my mind seems to have been torn from the pages of medieval history and rooted in feudalistic concept of royal command and decree which to my mind has long been jettisoned and has no place in the current era. In the forward march of judicial review, which is rooted in the Constitution, the idea that certain class of persons, falling outside the reach of the overarching reach of judicial review is anathema to the rule of law.” – per Ahmad Nasfy Yasin J in Sime Darby Plantation Bhd v. Pengarah Tanah dan Galian Negeri Melaka & Ors (Melaka High Court Judicial Review Application No. MA-25-07-04/2019) [2019] 1 LNS 1560
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ARTICLE HIGHLIGHT
New minimum wage gazetted
EmploymentRM1,200 minimum wage gazetted
The controversial RM1,200 minimum wage has been gazetted and will officially encompass 56 city and municipal council areas from Feb 1.
The gazette was released by the Human Resources Ministry on Jan 10 under the Minimum Wages Order 2020.It states that the minimum wage rate payable to an employee who works within the 16 city councils and 40 municipal councils will be RM5.77 an hour or RM1,200 monthly.The rates payable for a four-, five- and six-workday week will be RM69.23, RM55.38 and RM46.15 respectively. The gazette states that the minimum wage rates payable for those outside
the listed areas will be RM5.29 an hour or RM1,100 per month, with the
rates payable for a four-, five- and six-workday week being RM63.46,
RM50.77 and RM42.31 respectively.
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Foreign workers also entitled to Socso protection – Minister
EmploymentForeign workers protected under Socso scheme
Employers who hire foreign workers will be strictly monitored to ensure that their foreign workers would also be protected under the Social Security Organisation (Socso) scheme, effective from Jan 1 this year, says Minister of Human Resources M Kulasegaran. “When the federal government decided to extend the Socso coverage to all foreign workers (effective) from that date, the implementation was more of a ‘soft landing’, with the employers encouraged to contribute to their foreign workers,” he told reporters during a press conference at the Socso office here yesterday.
He said this was the government’s strategy to put foreign workers under the ‘protection radar’.
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Top Dutch firm NautaDutilh helps secure historic court ruling demanding climate action
Leading independent firm teams up with boutique Höcker to win case forcing Dutch government to cut emissions
Dutch firms NautaDutilh and Höcker are celebrating today after securing a historic Supreme Court climate change ruling ordering the government to accelerate the country's emissions-reduction timetable. The firms were representing non-profit group Urgenda which argued that the justice system had a duty to protect the human rights of Dutch citizens against the dangers posed by climate change.
The Supreme Court found that the Dutch government must reduce greenhouse gas emissions by at least 25% compared to 1990 levels by the end of 2020.
In a joint statement, the two firms said it was the first case in the world in which a national court had issued a specific order to reduce greenhouse gas emissions to a government on the basis of human rights.
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Industrial Arbitration Court rules SBS Transit's collective agreements did not breach Employment Act
SINGAPOREEmployment
Language of collective agreements affecting bus drivers could be clearer to avoid confusion
Clauses in several collective agreements between bus operator, SBS Transit and the National Transport Workers’ Union (NTWU) do not breach the Employment Act, according to a ruling by the Industrial Arbitration Court (IAC).
This follows claims made by five bus drivers in the Magistrates' Court, suing SBS Transit for underpaying them for overtime hours. They had also accused the transport operator of getting them to work more than 44 hours a week in breach of the Employment Act.
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Winning against employees on wrongful dismissal
EmploymentQuick-to-fire approach employed by some employers poses significant risks
As a follow up to my previous article “The Growing Role of People Managers in Human Resource Management”; Against the backdrop of the steeping rate of lawsuits involving wrongful dismissal claims and companies having to pay substantial compensation cost to claimants, it is difficult to ascertain if employers intentionally show contempt to ? or only fail to take cognizance of industrial relations as well as employment and labour laws despite their long years of existence. However, a veil is certainly being cast upon them in regards to the right procedure involved in the dismissal of an employee. They fail to recall that the legislative landscape of Malaysia is “pro-employee.”
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