In the long-running battle between Europe’s $1 trillion creative industry and online platforms, the European Court of Justice ruled that Google’s YouTube and other online platforms are not liable for copyright-infringing works uploaded by users.
Category Archives: Article
Last Thursday, 20 May 2021, the Federal Court in Mohammad Hafiz bin Hamidun v. Kamdar Sdn Berhad(1) was invited to answer the following question of law:
The Federal Court decision in Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd confirms that remedies in a statutory oppression action may extend to the directors of the subject company and third parties.
A separate legal entity – or rather, a ‘corporate veil’ – exists to separate a corporate entity from its incorporators upon incorporation. Citing the century-old case Solomon v A Solomon & Co Ltd, Justice Nallini Pathmanathan stated the following in Ong Leong Chiou v Keller (M) Sdn Bhd…
It is a well-known fact in Malaysia that the governing law of legal profession for Peninsular and East Malaysia differ from one another. Should one wish to commence a court action in the East Malaysia, an advocate qualified under the Sabah or Sarawak Advocates Ordinance would have to be appointed. However, what about adjudication proceedings under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) which allows parties to “be represented by any representative appointed by the party”. The High Court case of Tekun Cemerlang Sdn Bhd v Vinci Construction Grands Projets Sdn Bhd had recently shed light on this matter.
“The Construction Industry Payment and Adjudication Act 2012 (CIPAA) has been legislated to facilitate cash flow in the construction industry.” – a sentiment readily resonated nationally amongst judges and legal practitioners in the construction industry alike, amongst others.
It is a standard practice in the hotel industry to collect a 10% service charge from the customers in place of a tipping system, which will in turn be distributed to the eligible employees. This seemingly explains why the hotel industry employees were paid low basic salary, because they would be compensated with the income earned from service charge.
Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009 has been set in motion today by seeing the first charge made against an offshore vessel company, since the provision came into force on 1 June 2020.
When a contractor takes over the sub-contractor’s works, can the contractor make a claim in adjudication against the sub-contractor? Scenarios as such are not uncommon as contractors may be obliged take over the sub-contractor’s works when the sub-contractor can no longer proceed with its work, refuses to carry out rectification works, or worst, abandons the project altogether.
Contractors who find themselves in such circumstances and wish to make a claim against the sub-contractors by way of an adjudication under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) should be wary of the recent High Court case, Hiform (M) Sdn Bhd v Pembinaan Bukit Timah Sdn Bhd and another case.
Liability of Online Marketplaces for IP infringement by its Sellers As e-commerce is booming, it will not be an overstatement to say that online marketplaces have disrupted the retail scene. For example, Amazon gets close to a global 6 billion views a month while in Southeast Asia, Shopee and Lazada attract over 400 million monthly…