CASE(S) OF THE WEEK
-
CIMB BANK BHD v. SEBANG GEMILANG SDN BHD & ANOR
[2018] 5 CLJ 129
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP CJ (MALAYA), HASAN LAH FCJ, ABU SAMAH NORDIN FCJ, ZAHARAH IBRAHIM FCJ, BALIA YUSOF WAHI FCJ
[CIVIL APPEAL NO: 02(f)-2-01-2015(C)]
08 FEBRUARY 2018
CONTRACT: Assignment – Deed of assignment – Failure to give notice in writing pursuant to s. 4(3) of Civil Law Act 1956 – Whether assignee of debt prevented from proceeding with action – Whether there was valid equitable assignment – Liability of debtor to assignee of debt – Whether debtor liable to assignee for debt under assignment – Whether debtor liable to third party for debt where debtor made payment to customer – Whether debtor merely acted in accordance with normal banker-customer relationship – Whether payment of monies to customer done dishonestly – Whether debtor dishonest based on ordinary standards
Read more
-
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.
Read more
Judgment
Sentencing Decision
-
ARTICLE HIGHLIGHT
J&J defends itself in trial over baby powder asbestos claims
USHealthcare
Lawyers for Johnson & Johnson reject claims widely-used baby powder contains asbestos
A trial for a lawsuit alleging that Johnson & Johnson Baby Powder was responsible for the death of a woman due to her exposure to cancer-causing asbestos began in South Carolina on Monday in the latest case against the healthcare conglomerate and a supplier over their talc-based products. J&J said that its widely-used baby powder never contained asbestos, a known carcinogen linked to mesothelioma.
The case also names as a defendant a local unit of Rite Aid, one of the largest U.S. drugstore chains, which allegedly sold the baby powder used by the woman.
Read more
-
SA media companies cough up over 61 million rand over cartel charges
SOUTH AFRICASouth African Competition Commission squeezes media companies to the tune of $4.86 million, but wants more
MTV Networks Africa has finally agreed to a pay a total of 17.3 million rand (US$1.14 million) for its involvement in a South African advertising cartel, becoming the sixth media company to pay cartel charges now totalling R61.5 million ($4.86 million). The Competition Commission of South Africa is now urging other media companies implicated in a 2011 media collusion investigation to pay their parts of the settlement as well. The Commission stated it "is hopeful that other media companies, implicated in the matter, will consider settling with the Commission while the process still allows them to do so."
Read more
-
Melbourne business ordered to pay worker $20,000 for firing her after she resigned
AUSTRALIAEmployment
Company should never counter a resignation with a dismissal letter
A former nail technician at a Melbourne beauty salon has won $20,000 in compensation after her employer tried to fire her two hours after she handed in her resignation, which she says she was forced to submit because she was being bullied for chasing unpaid wages.
The staff member at Solene Paris Beauty, a salon in Melbourne’s Stud Park Shopping Centre, brought unfair dismissal proceedings against the business after her employment ended in March 2017.
Read more
-
Islamic finance body IFSB to develop financial inclusion guidance
Islamic financeIFSB developing technical note covering microfinance, fintech and social finance
The Malaysia-based Islamic Financial Services Board (IFSB) said on Wednesday it will develop a technical note on financial inclusion, aiming to widen the reach of sharia-compliant banking to low-income consumers.
The technical note from the IFSB, one of the main standard-setting bodies for Islamic finance, will cover regulatory issues including Islamic microfinance, financial technology and integration of social finance.
Read more
-
Public servant sacked for criticising refugee policy on Twitter wins workers compensation case
AUSTRALIAEmployment
'Prolific tweeter' wins major legal victory
A FORMER public servant who was sacked for tweeting comments critical of Australia’s refugee policy has won a compensation case for post-traumatic stress disorder after a tribunal ruled the termination breached her “implied freedom of political communication”.
Michaela Banerji, a “prolific tweeter” under the handle @LaLegale, was sacked by the Department of Immigration and Citizenship in 2013 for breaching the Australian Public Service Code of Conduct over a series of tweets criticising the government, its refugee policy, the minister and her own supervisor, communications manager Sandi Logan.
Read more
-
Newcastle NHS worker made redundant on holiday wins case
UKEmployment
Notice of termination effective when actually received by employee
An NHS worker sent a redundancy notice when she was on holiday abroad has won her case at the Supreme Court.
The High Court and Appeal Court had upheld Sandi Haywood's claim that notice began when she read the letter, not when it was sent. The later timing resulted in a higher pension.
Newcastle upon Tyne Hospitals NHS Trust's appeal to the higher court has been dismissed.
Mrs Haywood said she was "relieved the matter has been resolved".
Read more
Emails sent to you weekly with the latest updates on the law.
