Canada's Fairfax Financial to acquire Malaysia's MCIS general insurance operations
Corporate Partner, Cheng Kee Check and Corporate Associate, Lim Hsiao Ping acted for Fairfax Financial Holdings in a transaction to acquire the general insurance businesses of MCIS Insurance Bhd and Koperasi MCIS Bhd.
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DISPUTE RESOLUTION DIVISION
HIGH COURT OF PENANG CIVIL SUIT NO.: 23NCVC-15-12/2013 LIM GUAN ENG & PROFESSOR DR. RAMASAMY A/L PALANISAMY v. THE NEW STRAITS TIMES PRESS (M) BHD & PREDEEP NAMBIAR
The High Court on 16 November 2015 dismissed a defamation suit filed by Lim Guan Eng and Professor Dr. Ramasay a/l Palanisamy against The New Straits Times Press (M) Bhd and Predeep Nambiar.
The High Court held that the online article was not defamatory, was of public interest, responsibly written and had no malice. The High Court also held that the plaintiffs failed to adduce evidence to show that the article had been accessed or downloaded by third parties.
This decision would appear to be the first Malaysian case which considered the issue of when an online article is considered to be published to a 3rd party. The court’s decision on this issue is in accord with the decisions of the English, Singapore and Australian courts.
Further details of this case can be found in the following links:
Counsel from SKRINE representing The New Straits Times Press (M) Bhd and Predeep Nambiar were Leong Wai Hong, Claudia Cheah Pek Yee and Angela Yap.
COURT OF APPEAL
CIVIL APPEAL NO. W-04(IM)(NCC)-379-12/2014
BEST RE (L) LIMITED ("Best Re") v. ACE JERNEH INSURANCE BERHAD ("ACE")
Court of Appeal holds that the General Incorporation of Arbitration Clauses In Reinsurance Contract is Effective.
On 29 June 2015, in deciding a novel question of law, the Court of Appeal held that an arbitration clause was effectively incorporated by a general reference to a separate, attached contract.
This decision steps away from the strict approach applied by the English Court requiring specific reference to the clause for effective incorporation. This further brings Malaysia into consonance with other UNCITRAL Model Law compliant nations including the Hong Kong and Singaporean courts which have previously held that incorporation is effective with a general reference.
Counsel from SKRINE representing the appellant were Partners Lim Chee Wee and Loo Peh Fern, assisted in the background by Khoo Wen Shan, Associate.
INTELLECTUAL PROPERTY DIVISION
Nuctech secures victory in patent infringement case against manufacturer and supplier of drive-thru cargo scanners to Royal Malaysian Customs Department
Nuctech Company Limited (“Nuctech”), a manufacturer of cargo scanners based in Beijing, emerged victorious in a patent infringement suit against the Chinese manufacturer, Powerscan Company Limited (“Powerscan”), and local supplier, Pan Asiatic Technology Sdn Bhd (“PAT”), for 2 units of drive-thru cargo scanners installed at the Customs, Immigration and Quarantine Complex (“CIQ Complex”) at Bukit Chagar, Johor Bahru. The cargo scanners are used to inspect cargo trucks carrying goods coming into Malaysia from Singapore at the Causeway.
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Local agent or licensee cannot claim ownership rights over registered trade mark
We acted for Wieland Electric GmbH in an action commenced at the High Court for the cancellation of Trade Mark No. 05016795 in the name of Industrial Automation (M) Sdn Bhd in Class 9. The main ground for cancellation was that Industrial Automation (M) Sdn Bhd was an agent or licensee of Wieland Electric GmbH, and cannot claim to be entitled to the trade mark registration in Malaysia. On 27th November 2013, the High Court decided in favour of Wieland Electric GmbH.
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Nothing escapes the eye of the relevant consumer
We acted for F & N Dairies (M) Sdn Bhd (“F & N Dairies”) in resisting a claim of industrial design infringement for the design of a bottle that the claimants, Tropicana Products Inc. (Tropicana Products) claimed was novel. Tropicana Products sought to apply for leave to the Federal Court to appeal against the decision of the Court of Appeal reversing a finding of infringement against F&N Dairies. The Federal Court dismissed Tropicana’s application.
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