PENINSULAR HOME SDN BHD v. KO LIM TRISTAR SDN BHD
COURT OF APPEAL, PUTRAJAYA
LEE SWEE SENG JCA; MARIANA YAHYA JCA; SEE MEE CHUN JCA
[CIVIL APPEAL NO: W-03(IM)-63-10-2020]
08 JANUARY 2024
In an appeal that concerns quantum of damages, the court should be slow to reverse the concurrent findings of the lower court, except where there are exceptional circumstances. Where an appeal is by way of a rehearing, as per s. 69 of the Courts of Judicature Act 1964, the appellate court may draw inferences of fact, and give any judgment, and make any order which ought to be given or made and make such further or other orders as the case requires. The court is entitled to look at the entire evidence and make the necessary assessments.
SRI DATAI MINING SDN BHD v. GELINGGAS JAMES WATT & ORS
HIGH COURT SABAH & SARAWAK, SIBU
WONG SIONG TUNG J
[CIVIL APPEAL NO: SBW-11B-2-5-2023]
13 DECEMBER 2023
(i) If a claimant does not fall within the definition of an 'employee' under the Labour Ordinance (Sarawak) (Cap. 76) ('SLO'), any right to security of tenure guaranteed by the SLO and provisions thereunder would not apply to such claimant. To determine whether a claimant is an 'employee' under the SLO, the paramount considerations are the claimant's remuneration level and whether the claimant is involved in 'manual labour', as defined in s. 2(a) of the Schedule to the SLO; (ii) Allowances do not negate an employee's entitlement to and from receiving overtime pay; (iii) Under s. 14(1) of the SLO , employees are conferred a statutory right to undergo a due inquiry, to be conducted by an employer before any dismissal.
INTERNATIONAL NATUROPATHIC BIO-TECH (M) SDN BHD v. KETUA PENGARAH HASIL DALAM NEGERI
COURT OF APPEAL, PUTRAJAYA
S NANTHA BALAN JCA; MOHD NAZLAN GHAZALI JCA; CHOO KAH SING JCA
[CIVIL APPEAL NO: W-01(A)-732-12-2021]
30 NOVEMBER 2023
(i) The conduct of a taxpayer is an important consideration in determining whether the properties in question are for investment or trading purposes; (ii) A grievance against an alleged non-consideration of evidence by the Special Commissioner of Income Tax ('SCIT') could not succeed as it has always been recognised as a reasonable presumption that the findings of the SCIT would take into consideration all the evidence and contentions of the parties notwithstanding that such specific evidence or contention may not be expressly stated as such in the grounds of decision of the SCIT; (iii) Generally, long period of ownership before disposal would more likely be regarded as an investment. This, however, depends on the circumstances of each case with the application of the interplay of the elements of the badges of trade.
TAN WEI MIA & ORS v. PENTADBIR TANAH DAERAH GOMBAK
HIGH COURT MALAYA, SHAH ALAM
FAIZAH JAMALUDIN J
[LAND REFERENCE NO: RS-15-85-95]
20 DECEMBER 2023
Pursuant to the Land Acquisition Act 1960, the National Land Code and the Town and Country Planning Act 1976, the question of zoning is relevant to the determination of the market value of scheduled lands as at the date of the gazette notification. In this case, as there was no local plan published and/or gazetted by the local planning authority, there was thus no zoning of the area in which the scheduled lands were located as at the time of the acquisition in 1994. Accordingly, the scheduled lands were not deemed as building land with commercial status or commercial purposes as at the date of the gazette notification.
- PENGARAH TANAH DAN GALIAN SELANGOR & ANOR v. PNSB ACMAR SDN BHD & ANOR [CA]
- NEELAMEGAN KUMAR & YANG LAIN lwn. PP [CA]
- YUSRI AHMAD lwn. PENTADBIR TANAH DAERAH KOTA SETAR [CA]
- MOHD NAJIB HJ ABD RAZAK v. GOVERNMENT OF MALAYSIA & ANOTHER APPEAL  10 CLJ 329 [FC]
- TRIPLE ZEST TRADING & SUPPLIERS & ORS v. APPLIED BUSINESS TECHNOLOGIES SDN BHD  10 CLJ 187 [FC]
- FIMBANK PLC v. PEMILIK DAN/ATAU PENCARTER DEMIS KAPAL ATAU VESEL "NIKA" KINI DIKENALI SEBAGAI "BAO LAI" (NO. IMO 9254513)  10 CLJ 165 [FC]
by BAHARI YEOW* & DR SIK CHENG PENG**
In the earlier article, the author examined the extended tort in Malaysia. In this article, the author will discuss and analyse the manner in which the extended tort is treated in the United Kingdom, Australia and New Zealand.
Extended Tort Of Passing Off In The United Kingdom
Birth Of Extended Passing Off In The United Kingdom
Tracing back to history, the birth of the extended passing off concept, or at least where the idea was mooted or the evolution gained its momentum, was through cases, such as Bollinger v. Costa Brava Wine Co Ltd ("Champagne case"), Vine Products Ltd v. Mackenzie & Co Ltd ("Sherry case") and John Walker & Sons Ltd v. Henry Ost & Co Ltd ("Scotch Whisky case").
These cases played a significant role in the development of the tort in its present extended form as they formed the foundation which the subsequent cases adopted for the existence of the tort of extended passing off. Thus, it may be important for these cases to be examined in turn for this study.
by Gan Hsien Yang*
The regulation of arms and ammunition holds significant importance in ensuring public safety and security within any nation. This article delves into the context of Malaysia's licensing framework concerning arms and ammunition. It scrutinises the legal provisions, historical development, and contemporary challenges within the Malaysian regulatory regime. By analysing existing laws, policies, and their practical implications, this article aims to provide a comprehensive understanding of the licensing procedures, limitations, and their impact on society.
by Su Mui Gan*
Financial technology (hereinafter referred to as 'FinTech') is defined as a novel innovation in the financial industry that applies technology to upgrade financial activities. FinTech technologies use artificial intelligence (hereinafter referred to as 'AI'), big data, blockchain, cloud computing, digital assets, distributed ledger technology and offer a special view of FinTech as an interactive system relating to finance, law, regulation and technology. Interestingly, both finance and technology have always matched well together as technology has long supported data provision which is vital for financial decision-making.
by Ben Chester Cheong[i] Chan Zhixuan, Joshua[ii]
The Impact of the UK Supreme Court Decision in Barton and others v. Morris and another in place of Gwyn Jones (deceased)  UKSC 3 on implied Terms, Unjust Enrichment and Quantum Meruit in Singapore
Contracts form the basis of almost every business transaction. The existence of contracts allows for the participation in collaborative and complementary efforts by setting out the expectations and responsibilities of each party, which in turn protects their interests and rights in that transaction. Founded on English common law principles, English cases on the law of contract continue to play an influential role in Singapore decisions insofar as the interpretation of these principles are concerned. Consequently, the recent Supreme Court case of Barton and others v. Morris and another in place of Gwyn Jones (deceased)  UKSC 3 (Barton v. Morris) is no exception. The article thus seeks to discuss the principles espoused in Barton v. Morris and the decision’s impact on Singapore.
by Kho Feng Ming*
Honestly, we never anticipated the arrival of generative artificial intelligence ('AI'). When the first word about it was whispered to this world, all of us went euphoric. There was so much excitement regarding generative AI, and the dissonance brought by the COVID-19 pandemic in the yesteryear was no longer our concern. Many spoke highly of what generative AI can bring to our lives, while some remained highly skeptical about it. This article shares the impacts that generative AI will have on our legal industry and points out several interesting areas that may warrant our serious attention.
"In my view, if a Court does not wish to compel a litigant to litigate against his will, the Court can still impose the term "without liberty to file afresh on the same matter set out in the present suit" on a plaintiff who comes within Order 21 rule 2 ROC who can discontinue without leave of Court, if the Court finds that the discontinuance is an abuse of the process of the Court. There will be an abuse of the process of the Court if the true purpose for filing the suit is something other than to obtain a remedy provided by law, and the discontinuance of the suit comes after the plaintiff arising from the filing of the said suit has achieved an advantage to the prejudice of the defendant.”
“I have perused the facts. It shows that the withdrawal of the defamation suit is an abuse of process as the plaintiff arising from the filing of the suit has already obtained a substantial advantage to the prejudice of the defendant....”
“It is therefore right that the Court can and should impose the term "without liberty to file afresh on the same matter set out in the present suit" on the discontinuance by the plaintiff here." - Leong Wai Hong JC in Prof Dato' Dr Rahmat Mohamad v. Shahizad Sulaiman  CLJU 127
UPDATED ( as of 29 February 2024)
- PU(A) 271/2019
Service Tax (Rate of Digital Services Tax) Order 2019
- PU(A) 380/2018
Service Tax (Persons Exempted From Payment of Tax) Order 2018
- PU(A) 212/2018
Service Tax (Imposition of Tax For Taxable Service in Respect of Designated Areas and Special Areas) Order 2018
- PU(A) 213/2018
Service Tax (Rate of Tax) Order 2018
- PU(A) 445/2017
Customs Duties (Exemption) Order 2017
REVOKED (as of 08 February 2024)
- PU(A) 332/2010
Water Services Industry (Rates For Water Supply Services) (State of Kedah) Regulations 2010
- PU(A) 290/2022
Excise Duties (Premix Preparation) (Payment) Order 2022
- PU(A) 287/2022
Excise Duties (Amendment) Order 2022
- PU(A) 198/2019
National Skills Development (Waiver of Fee to Accredited Centre) Regulations 2019
- PU(A) 49/2016
Malaysia Deposit Insurance Corporation (First Premium and Annual Premium in Respect of Insurer Members) Order 2016
- ACT 852
Control Of Smoking Products For Public Health Act 2024
- ACT 851
Finance (No. 2) Act 2023
- ACT 850
Public Finance And Fiscal Responsibility Act 2023
- ACT 849
The Titular Superior Of The Brothers Of Saint Gabriel (Incorporation) Act 1957 (Revised-2023)
- ACT 848
Fees (Department Of Broadcasting Malaysia) (Validation) Act 2023
- PU(A) 69/2024
Customs (Prohibition Of Imports) (Amendment) Order 2024
- PU(A) 68/2024
Traditional And Complementary Medicine (Amendment) Regulations 2024
- PU(A) 67/2024
Service Tax (Rate Of Digital Services Tax) (Amendment) Order 2024
- PU(A) 66/2024
Service Tax (Persons Exempted From Payment Of Tax) (Amendment) Order 2024
- PU(A) 65/2024
Service Tax (Imposition Of Tax For Taxable Service In Respect Of Designated Areas And Special Areas) (Amendment) Order 2024
- PU(B) 71/2024
Declaration Of Off Ramp At Jalan Kelang Lama C As Designated Federal Territory Road
- PU(B) 70/2024
Notice Of Extension Of Period Of Objection
- PU(B) 69/2024
Appointment Of Date Of Coming Into Operation Of The Computerization System Of Strata Titles
- PU(B) 68/2024
Notification Of Values Of Palm Kernel Under Section 12
- PU(B) 67/2024
Temporary Exercise Of Ministerial Functions
GLOBAL MEDIA REPORT
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- Social media influencer quizzed over parody video allegedly ridiculing apex court ruling, says IGP 19/02/2024
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Malaysia's public healthcare sector risks losing even more professionals if the Health Ministry refuses to take immediate measures to improve their livelihoods. Government healthcare workers, upset with the ministry's decision to reject the proposal to increase on-call allowances, told the New Straits Times that they were overworked and severely underpaid. Speaking on the condition of anonymity, one medical officer (MO) said they were bogged down with work, going as far as describing the workload as "crazy". "I've never experienced an increase in allowances ever since I was a houseman in 2016.
Some 1.5 million jobs are expected to be created in Sarawak up to the year 2030, said Deputy Premier Datuk Amar Douglas Uggah Embas.
He said these jobs will be generated by the many programmes and plans of the state’s Post Covid-19 Development Strategy (PCDS) 2030, of which one of its objectives is to increase the people’s income.
“Out of the total (1.5 million jobs), about 200,000 would be in the technical or skill sector. I have been told that Petros, as the third largest oil and gas company in the country, will need 20,000 technicians or skilled workers.
The Canadian government has presented a sustainable jobs bill intended to prepare workers for a transition to a lower-carbon economy following years of consultation and opposition from Alberta, Canada’s main fossil-fuel producing province.
Canada, the world’s fourth-largest oil producer and sixth-largest natural gas producer, has aimed for a 40 percent to 45 percent reduction in emissions by 2030 and net zero by 2050.
As many as 4.5 million Malaysians are likely to lose their jobs by 2030, if they do not improve their skills or attend reskilling and upskilling programmes with the rise of artificial intelligence (AI).
Human Resources Minister V. Sivakumar said this is based on the 2020 World Economic Forum warning that AI could cause a recession in the job market as it is already being used to automate tasks in various industries including manufacturing, healthcare and customer service.
The Employees Provident Fund yesterday explained that the pension-fund like approach of a monthly drawdown ,still under works, is for a portion of member's savings, up to a certain limit, to be converted into a monthly income.
The remaining portion can be withdrawn lump-sum.
EPF said this is needed to prevent old-age poverty and for consumption smoothing during retirement.
The process of formalising the proposed monthly withdrawal mechanism is still being studied and will take into account the ability and readiness of members to make such transition.
The EPF has been encouraging members to voluntarily shift to regular monthly payout rather than lump-sum withdrawals.
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