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  • CASE(S) HIGHLIGHT

    ABDUL RAZAK JUNDAR KHAN & ORS v. MUSTAPHA MOHAMMED & ORS
    COURT OF APPEAL, PUTRAJAYA
    AHMADI ASNAWI JCA; AB KARIM AB JALIL JCA; SURAYA OTHMAN JCA
    [CIVIL APPEAL NO: W-02(NCC)(W)-1929-09-2018]
    19 SEPTEMBER 2019

    The basic principle of construction of contracts is that effect must be given to the intention of the parties. This requires an objective test and not a subjective approach, and the solution to be found should be reasonable and realistic.

    To ascertain the intention of the parties, the court must read the terms of the contract as a whole including the recital to the agreement if any, must not take a simplistic approach to the issues at hand, and must not fixate on one particular word or phrase or clause to the neglect of the overall purpose of the document.

    Judgment




  • CASE(S) OF THE WEEK

  • MARIA ELVIRA PINTO EXPOSTO v. PP [2020] 5 CLJ 1
    FEDERAL COURT, PUTRAJAYA
    TENGKU MAIMUN TUAN MAT CJ; AZAHAR MOHAMED CJ (MALAYA); MOHD ZAWAWI SALLEH FCJ;
    IDRUS HARUN FCJ; NALLINI PATHMANATHAN FCJ
    [CRIMINAL APPEAL NO: 05(M)-142-06-2018(B)]
    26 MARCH 2020

    In a trial for drug trafficking under s. 39B(1) of the Dangerous Drugs Act 1952 (DDA), it is procedurally proper and lawful for the trial judge, after making a finding of presumed knowledge of the drugs against the accused under s. 37(d) of the DDA at the prosecution stage, to have again visited the issue on the element of knowledge at the defence stage. Such an approach, far from being misguided or perverse, is in harmony with s. 182A of the Criminal Procedure Code which calls for the court to consider all the evidence adduced at the close of the trial. This said, where the defence of innocent carrier premised upon the assertion that the accused was a victim of an internet romance scheme is proffered, and such defence was disclosed contemporaneously with the discovery of the drugs, and supported not only by an uncontroverted evidence of an expert witness but by an explanation as to how the accused came to possess the drugs as well as a duly served 'Alcontara Notice', the appropriate order for the court to make is to record an acquittal of the accused. To record a conviction in the given circumstances is utterly erroneous, as the evidence cannot warrant the application of the doctrine of blind wilfulness, and because the statutory presumption has clearly been diluted and rebutted. What more if such conviction is fixated upon the generalised view that 'the accused's case was just one of the mundane cases involving drug mules'.

    Read more




  • GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BHD v. PRAKASA RAO SAMACHULU [2020] 5 CLJ 57
    COURT OF APPEAL, PUTRAJAYA
    AHMADI ASNAWI JCA; AB KARIM AB JALIL JCA; SURAYA OTHMAN JCA
    [CIVIL APPEAL NO: W-04(NCC)(W)-212-05-2018]
    26 JULY 2019

    The issue of whether an insured mechanic plaintiff who has been incapacitated from going back to his former occupation on account of a neck injury suffered by him in an accident is suffering from a Total Permanent Disability (TPD), and therefore entitled to be paid the compensation in the policy, would depend on the definition of the term TPD as so employed by the policy purchased. A policy that defines TPD as a state of incapacity "to ever sufficiently do or engage in any work, occupation or profession to earn compensation, wages or profit" cannot be said to have envisaged or anticipated an incapacity to engage in any kind of work, but must instead be understood in the context of the actual business or occupation of the plaintiff. It follows that if the evidence suggests that the plaintiff could no longer work as a mechanic after the accident, he must necessarily be taken to have suffered from TPD in accordance with the provisions of the policy. The fact that he could still do supervisory or administrative work is of no consequence. It cannot vitiate or adversely affect his claims against the insurer.

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  • ARTICLE HIGHLIGHT

    Burford Capital loses fight to force London Stock Exchange to hand over confidential trading data

    UK
    Capital markets

    Litigation funder defeated in first case of its kind brought against a UK stock market
    Litigation funder Burford Capital has conceded defeat in an unprecedented battle with the London Stock Exchange (LSE) after the High Court rejected its application for the LSE to hand over confidential trading information. Burford was seeking the identities of market participants trading in its shares in a bid to prove that its share price had been illegally manipulated during a sell-off that occurred after a heavily critical research report by hedge fund Muddy Waters last August.

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  • Temporary layoff schemes no cure-all in slow COVID recovery

    EUROPE
    Employment

    Temporary layoff schemes come at a cost
    Temporary unemployment schemes operating across Europe could struggle to save the jobs of leisure and travel sector workers facing drawn-out or partial recoveries from the COVID-19 pandemic, even if they help industries that rebound quickly. Short-term unemployment or furlough schemes have taken in a quarter of Britain’s workforce, nearly two-thirds of those employed by France’s private sector and many millions across Europe.

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  • India watchdog reviewing antitrust allegations against Facebook's WhatsApp - sources

    ASIA
    Competition

    India reviews complaint Facebook's WhatsApp abused dominant position
    India’s antitrust watchdog is looking into allegations that Facebook’s WhatsApp is abusing its dominant position by offering payment services to its vast base of messaging app users in the country, three sources told Reuters on Friday.

    Read more




  • New Balance wins copyright case against Chinese firm over ‘N’ logo, wins US$1.54 million

    ASIA
    Intellectual property

    Boston-based New Balance wins lawsuit over 'N' logo after 16-year wait
    New Balance has won a lawsuit filed against a Chinese company over its logo, indicating the country is taking protection of intellectual property more seriously. The Shanghai Pudong People’s Court last week ordered New Barlun to pay damages of 10.8 million yuan (US$1.54 million) to the US sports footwear and apparel company.

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  • EPF launches e-CAP to allow SMEs to defer and restructure employer contributions

    Finance
    Employees Provident Fund's e-CAP supports SMEs affected by pandemic
    The Employees Provident Fund (EPF) has announced the launch of the Employer Covid-19 Assistance Programme (e-CAP) to support small and medium enterprises (SMEs) affected by the Covid-19 global pandemic.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (03 June 2020)
  • PU(A) 102/2017
    Customs (Prohibition of Exports) Order 2017
    PU(A) 252/2017
    Income Tax (Accelerated Capital Allowance) (Automation Equipment) Rules 2017
  • Latest Revoked (20 May 2020)
  • PU(A) 336/2014
    Income Tax (Deduction For Expenses in Relation to Secretarial Fee and Tax Filing Fee) Rules 2014





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