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Legal News

Anwar applies to have judge disqualified

No escape for hostile witnesses, warns MACC panel

Feb 12 hearing for appeal to strike out charge

Court stays prosecution of mini-market owner

Prosecution: Strong case against Anwar

Appeals court to decide fate of Kota Siputeh rep

Application to cite MACC officer for contempt dismissed

Pre-hearing applications may yet again halt Anwar s case

Court sets Nov 10 to hear suit by Jazimin

Case management of Anwar s suit on May 27

Abused ex-maid claims damages for pain and humiliation

PKA has four suits against firms and former GM

High-profile US case tests Haitian justice system

Court decision opens floodgates for corporate political spending

California court rejects limits on medical marijuana

Supreme Court: Campaign-finance limits violate free speech

Supreme Court upholds execution of US man with child s IQ

High court rejects challenge to Calif. prison plan

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Malaysian Legal Cases

COMPANY LAW
Arrangement, scheme of - Ex parte order for leave to convene creditors meeting and to restrain all legal proceedings - Failure to disclose similar earlier application for order that had been dismissed - Non bona fide of scheme and workability - Whether appeal against setting aside allowed - Companies Act 1965, s. 176
PECD Bhd & Anor v. AmTrustee Bhd & Other Appeals
(Zaleha Zahari, KN Segara JJCA & Kang Hwee Gee J) [2010] 1 CLJ 940 [CA]

LABOUR LAW
Workmen s compensation - Insurance - Judgment sum - Liability of insurer to satisfy judgment sum against insured co-employee - Co-employee contributing under Employees Social Security Act 1969 - Whether s. 31 of same Act prohibited recovery of judgment sum - Tan Peng Loh v. Lee Aik Fong & Anor
Ramli Samad v. Pacific & Orient Insurance Co Sdn Bhd
(James Foong, Heliliah Mohd Yusof & Abdul Malik Ishak JJCA) [2010] 1 CLJ 970 [CA]

CASE OF THE WEEK

RHB BANK BHD v. UJANG CHE DAUD
HIGH COURT MALAYA, KUALA LUMPUR
NALLINI PATHMANATHAN JC
[SUIT NO: D2-22-3968-1998]
10 JUNE 2009

BANKING: Banker and customer - Share financing facility - Customer denying utilising facility - Whether share purchases directly instructed by customer - Contract notes, importance of - Customer had no account in broking firms, whether material - Whether customer expressly or impliedly authorised bank’s officers to trade on his behalf - Evidence and proof - Execution of financing agreement - Customer pre-signing blank drawdown notices - Encashment of cheques for trading profits - Whether customer had fully authorised bank to trade on his behalf - Whether such wide authorisation must be express and precise

SECURITIES: Shares - Trading - Share financing facility - Bank customer denying utilising facility - Whether share purchases directly instructed by customer - Contract notes, importance of - Customer had no account in broking firms, whether material - Whether customer expressly or impliedly authorised bank’s officers to trade on his behalf - Evidence and proof - Execution of financing agreement - Customer pre-signing blank drawdown notices - Encashment of cheques for trading profits - Whether customer had fully authorised bank to trade on his behalf - Whether such wide authorisation must be express and precise

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