Malaysian european production system sdn bhd v zurich insurance (m) bhd

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This innovative city is set to be a premium international destination. Medini is conveniently connected to Singapore, being just 10 minutes away from the Tuas Second Link. Spread over 2, acres of prime land, Medini is a mixed-use development that combines exquisite living and lifestyle with the needs of growing and established businesses. This smart city, with its completed infrastructures, connected location and special incentives is your ideal business and investment destination.

Discover more about this unique opportunity. Articles and other materials of interest to the general membership are actively solicited and may be sent to the Chamber. All materials submitted for publication are subject to editorial review and revisions. No part of the EUMCCI Review may be reproduced or transmitted in any form or by any means, electronic or mechanical without prior written permission.

It is also sold in all major bookshops. All writers automatically agree to indemnify EUMCCI and Harini Management Services Sdn Bhd against any loss, costs, expenses including legal feesdamages and liabilities that might arise from their own incapacity, negligence, breach of contract or other civil misdeeds. We reserve the right to edit all articles. All rights reserved. No part of this publication may be reproduced in any form without prior written permission from the publisher. With a population of more than million, AEC is one of the largest trade blocs in the world and one of the most dynamic.

Laos will take over as the new Chairman for the next year. So how did Malaysia fare? It is heartening to know that this event has gained recognition as one of the most important avenues to discuss many things pertaining to the issue of food safety in the region.

Find out more about the goings on at the event from our feature which starts from page Roberto Benetello came to Southeast Asia and fell in love with the place. In his interview starting on page 20, he gives interesing insights on doing business in this part of the world and why more European SMEs are venturing out to the East. Tips are also given on how to reduce their utility bill.

The story appears on page We have lined up even more interesting events forand we invite all our partners and stakeholders to join us in the new year. We would also like to wish everyone a very Happy New Year. The Editorial Committee. I have received lots of compliments about this summit from public and private stakeholders alike. I look forward to welcoming all our members and valued partners in for a new start in building a strong platform for the EUMalaysia Business Community.

On behalf of the Board I would like to thank Barbara for graciously volunteering her time and valuable experience in the supervision of the Chamber operations over the last 4 months and for her leadership in SEBSEAM.

As we are entering the third year of this landmark five year project, we look forward to ramping up our activities with our consortium members and ensuring we deliver to the expectations and commitment with the EU Delegation. I would like to thank Ms. Mann Ng for her past contributions as Project Manager as she has decided to pursue other opportunities outside the Chamber.

I wish her success in her future roles. I am also pleased to announce the promotion and appointment of Ms. Jennifer Chien as our Operations Manager.We would like to ensure that you are still receiving content that you find useful — please confirm that you would like to continue to receive ILO newsletters. The Malaysian courts have discretionary power to grant a stay of proceedings in favour of arbitration under Section 6.

In Celcom the Court of Appeal pointed out that the burden on the defendant in an application for a stay of proceedings is very light. All that is required is some evidence to show an agreement to arbitrate, coupled with an assertion that he or she is ready and willing to proceed to arbitration.

Once these elements are satisfied, and provided that the dispute falls within the scope of the arbitration clause, then it normally follows that the stay of proceedings will be granted.

In Malaysian European Production Sdn Bhd v Zurich Insurance Malaysia Berhad [] 1 AMR the High Court ruled that an extension of time to file its defence under Order 3 Rule 5 3 of the Rules of High Court can be obtained by consent without a formal application to court, and that asking for an extension by letter did not constitute 'taking a step in the proceedings' within the meaning of Section 6 of the Arbitration Act. In the event that a party to an arbitration agreement commences legal proceedings against another party to the agreement, Section 6 stipulates that that other party may apply to the court to have the dispute referred to arbitration only if it has not taken any steps in the legal proceedings.

The High Court also stated that the Sessions Court in addition to the High Court has the power to grant a stay of proceedings under Section 6. Granting Stay Pending Reference to Arbitration. The courts retain their discretion even if the appellant satisfies all the requisite conditions for a stay under Section 6 of the Arbitration Act. However, the general approach of the courts is to hold the parties to their bargain where they have agreed to arbitrate their disputes.

Questions of Fraud In Capital Insurance Bhd v Wierig Prefab Selangor Sdn Bhd [] 1 MLJ the High Court ruled that questions of fraud are outside the jurisdiction of an arbitrator and so when such matters arise the respondent cannot invoke the arbitration clause. The court added that the applicant need only show a genuine allegation of fraud at the time of the application. The need to prove fraud beyond reasonable doubt is required only at trial stage.

Section 34 1 states that the provisions of the act except for the enforcement provisions or any other written law do not apply to any arbitration held under the arbitration rules of the KLRCA. The High Court also held that Section 34 applies to all arbitrations held under the KLRCA rules, irrespective of whether the parties are local or international.

In Government of India v Cairn Energy Pte Ltd [] 1MLJ the High Court held that the courts have the right to intervene and set aside an award where inadmissible evidence was relied upon or where material evidence was not considered. In Hartela Contractors the Court of Appeal took the view that the courts do not have such a wide jurisdiction. In that case the court, while reiterating the law on setting aside an award, appeared to rely heavily on the dictum in Hartela Contractors when reversing the decision of the High Court which had set aside the award.

The Court of Appeal stressed that the arbitrator is the sole judge of the facts and the issue of whether he drew wrong inference of fact from the evidence is not a sufficient basis to warrant the setting aside of the award. The materials contained on this website are for general information purposes only and are subject to the disclaimer. ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.

Rodney Gomez. View recent newsletter. More articles. Confirm Manage account.Select website. English EN. In Malaysia, new wells were started up in the Kinabalu offshore block redevelopment project, located in the west of the Malay basin. Kinabalu: We have been operating the Kinabalu field, a mature offshore field located in the Malaysian basin of Sabah, since Inafter a new crude extraction platform was installed, crude production was begun as part of the redevelopment project.

The project comprises a new platform, connection lines to existing facilities in Kinabalu, and drilling ten additional production wells. Now that the field is in the production stage, gross production will increase by 7, barrels of crude per day between andand by a gross quantity of PM3: Inwe began exploration and production activities in the country through the incorporation of the PM-3 operated production block, located between Malaysia and Vietnam, where we have a In Septembera new platform was successfully installed at the block, which should increase production levels by mid PM-3 is an asset producing gas and oil, which are exported to the Malaysian and Vietnamese markets.

In production, this asset will include all asset management activities: exploration, the development of new discoveries, and the improved recovery of hydrocarbons in the areas developed.

United States.

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Box Repsol. Repsol Guide. Repsol Inside. Repsol Foundation. Repsol Worldwide. Repsol Worldwide Malaysia. Our operations in Malaysia focus on the Upstream and Lubricants businesses. Major Upstream projects Kinabalu: We have been operating the Kinabalu field, a mature offshore field located in the Malaysian basin of Sabah, since We also produce and distribute lubricants in other Asian regions such as China and Singapore. Information as of December 31st, The defendant and the alleged contemnor filed an application to set aside the order.

So long as the alleged contemnor had knowledge of the terms of the order, the non-endorsement of the penal notice is not fatal. Defendan dan penghina yang dikatakan tersebut telah memfailkan satu permohonan untuk mengenepikan perintah tersebut. Selagi penghina yang dikatakan tersebut mempunyai pengetahuan tentang terma-terma perintah tersebut, notis penting yang tidak diindorskan tersebut tidak membawa mudarat. The plaintiff alleged that the defendant failed to comply with the order by: 1 placing advertisements in Sin Chew Jit Poh and Quang Ming Daily on 27 July ; and 2 publishing a magazine entitled Tiger Powerhitz on 28 July It was contended for the defendant and the alleged contemnor that the defendant and the alleged contemnor were never personally served with the order and as such the defendant and the alleged contemnor had no notice of the terms of the order.

Further, it is common ground that the alleged contemnor was not present when the order was made, nor was he ever notified of the terms of the order, either by telephone, telegram or otherwise.

It is also not in dispute that the alleged contemnor was away in Australia on his annual leave during the period between 18 July to 8 August during which the order was made by the court. Thus, on the facts before me, I find that the plaintiff failed to satisfy this court that the alleged contemnor had been notified of the terms of the order by telephone or telegram or he was otherwise made aware of the terms of the order.

In any event, the second defendant did not deny that he had knowledge of the terms of the order. I find that the facts of the abovementioned case can be distinguished from the present case as the alleged contemnor here had categorically denied knowledge of the terms of the order and further he had also expressly stated in his affidavit encl 46 that he was not notified by his solicitors of the terms of the order.

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In that case, the solicitors wrote to the client alleged contemnors about the terms of the order. However, the alleged contemnors chose not to abide by the injunction order. As Sir Ivor Richardson stated at p Thus the Rules recognize that directors and officers are the human agencies responsible for the conduct of the affairs of companies.

They fix a director with liability for the conduct of the company and so with liability for any breach by the company of an injunction where the director has appropriate notice that he is liable to process of execution if the company disobeys the order. Emphasis added. In the present case, there is no evidence before the court indicative of the fact that the director had any appropriate notice of the order.

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For the above reasons, it is my finding that the alleged contemnor had not personally been served with the order, nor had he been given the appropriate notice. Therefore, in the circumstances, I hold that he could not be held liable for contempt of the order. There was no proper penal endorsement It is not in dispute that the order does not contain the proper endorsement as required by O 24 r 7 4 and Form 87 of the RHC.

The plaintiff contended that this was not fatal to the application. In that case Haidar J at p stated: In the circumstances I am of the view that, following Allport Alfred James [[] 1 MLJ ], which cited with approval the English case of Sofroniou [ FCR ], the defect in not complying with the indorsement of the penal notice is not fatal so long as the second defendant had knowledge of the terms of the order.

What can be discerned from that case is that so long as the alleged contemnor had knowledge of the terms of the order, the non-endorsement of the penal notice is not fatal. However, in the present case it has been established that the alleged contemnor had no knowledge of the terms of the order. I wholly agree with the view of the learned judge and for the same reasons the court order of 30 November ought to be set aside. It is contended for the defendant and the alleged contemnor that the order did not expressly state that the defendant is restrained from advertising the same or publishing the Tiger Powerhitz magazines.

It is argued that in view of the apparent ambiguity in the order, therefore, the defendant and the alleged contemnor could not be held liable for the alleged breach of the order. In the case of Iberian Trust Ltd v Founders Trust and Investment Co, Ltd [] 2 KB 87, Luxmore J stated at p From this it appears that in order to constitute a contempt of court for which the directors may be punished there must be wilful disobedience either by the company or its servants or directors to do something which it has been ordered to do.

I think not. If the court is to punish anyone for not carrying out its order, the order must in unambiguous terms direct what is to be done.

The rules governing the application for an order of committal is provided for under O 52 of the RHC. Authorities have shown that the procedural rules must be complied with and be strictly enforced. The nature of the contempt must be identified and spelt out precisely. The person alleged to be in contempt must know what exactly he is said to have done or omitted to do which constitute a contempt of court see Chiltern District Council v Keane [[] 2 All ER ].

Therefore, in my opinion, it is not open to the defendant to argue that the advertisements and the publication of Tiger Powerhitz magazine fall outside the ambit of the order.Saturday, June 9, hang on folks. Hang on folks. I am vacation and will be back soon. Posted by Raghman at AM No comments:. The defendant and the alleged contemnor filed an application to set aside the order. So long as the alleged contemnor had knowledge of the terms of the order, the non-endorsement of the penal notice is not fatal.

Defendan dan penghina yang dikatakan tersebut telah memfailkan satu permohonan untuk mengenepikan perintah tersebut. Selagi penghina yang dikatakan tersebut mempunyai pengetahuan tentang terma-terma perintah tersebut, notis penting yang tidak diindorskan tersebut tidak membawa mudarat. The plaintiff alleged that the defendant failed to comply with the order by: 1 placing advertisements in Sin Chew Jit Poh and Quang Ming Daily on 27 July ; and 2 publishing a magazine entitled Tiger Powerhitz on 28 July It was contended for the defendant and the alleged contemnor that the defendant and the alleged contemnor were never personally served with the order and as such the defendant and the alleged contemnor had no notice of the terms of the order.

Further, it is common ground that the alleged contemnor was not present when the order was made, nor was he ever notified of the terms of the order, either by telephone, telegram or otherwise. It is also not in dispute that the alleged contemnor was away in Australia on his annual leave during the period between 18 July to 8 August during which the order was made by the court. Thus, on the facts before me, I find that the plaintiff failed to satisfy this court that the alleged contemnor had been notified of the terms of the order by telephone or telegram or he was otherwise made aware of the terms of the order.

In any event, the second defendant did not deny that he had knowledge of the terms of the order.

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I find that the facts of the abovementioned case can be distinguished from the present case as the alleged contemnor here had categorically denied knowledge of the terms of the order and further he had also expressly stated in his affidavit encl 46 that he was not notified by his solicitors of the terms of the order. In that case, the solicitors wrote to the client alleged contemnors about the terms of the order. However, the alleged contemnors chose not to abide by the injunction order.

As Sir Ivor Richardson stated at p Thus the Rules recognize that directors and officers are the human agencies responsible for the conduct of the affairs of companies. They fix a director with liability for the conduct of the company and so with liability for any breach by the company of an injunction where the director has appropriate notice that he is liable to process of execution if the company disobeys the order.

Emphasis added. In the present case, there is no evidence before the court indicative of the fact that the director had any appropriate notice of the order. For the above reasons, it is my finding that the alleged contemnor had not personally been served with the order, nor had he been given the appropriate notice. Therefore, in the circumstances, I hold that he could not be held liable for contempt of the order.

There was no proper penal endorsement It is not in dispute that the order does not contain the proper endorsement as required by O 24 r 7 4 and Form 87 of the RHC. The plaintiff contended that this was not fatal to the application. In that case Haidar J at p stated: In the circumstances I am of the view that, following Allport Alfred James [[] 1 MLJ ], which cited with approval the English case of Sofroniou [ FCR ], the defect in not complying with the indorsement of the penal notice is not fatal so long as the second defendant had knowledge of the terms of the order.

What can be discerned from that case is that so long as the alleged contemnor had knowledge of the terms of the order, the non-endorsement of the penal notice is not fatal. However, in the present case it has been established that the alleged contemnor had no knowledge of the terms of the order. I wholly agree with the view of the learned judge and for the same reasons the court order of 30 November ought to be set aside.

It is contended for the defendant and the alleged contemnor that the order did not expressly state that the defendant is restrained from advertising the same or publishing the Tiger Powerhitz magazines.

It is argued that in view of the apparent ambiguity in the order, therefore, the defendant and the alleged contemnor could not be held liable for the alleged breach of the order. In the case of Iberian Trust Ltd v Founders Trust and Investment Co, Ltd [] 2 KB 87, Luxmore J stated at p From this it appears that in order to constitute a contempt of court for which the directors may be punished there must be wilful disobedience either by the company or its servants or directors to do something which it has been ordered to do.

I think not. If the court is to punish anyone for not carrying out its order, the order must in unambiguous terms direct what is to be done. The rules governing the application for an order of committal is provided for under O 52 of the RHC.Life Sciences Industry Group. Trish brings with her more than 30 years of extensive experience in senior positions in various healthcare organizations. During her 10 years of leadership, Pindara was transformed to become a major healthcare facility for the Gold Coast, providing a much broader and complex range of services.

The facility has seen a number of developments, amongst others, new theatres, the day endoscopy unit, Specialist Medical Centre, expansion of its Emergency Department and introduced new services like neurosurgery, rehabilitation, mental health, interventional neuroradiology, spinal surgery, paediatrics and renal dialysis. In addition, Trish has forged strong links with the Australian Universities and commenced clinical trials and on site research activities. In her current role as the hospital CEO, she plays a key role in the development, implementation and evaluation of patient safety measures.

Her responsibility is to ensure that every aspect of how the hospital performs is supervised efficiently, managing the day-to-day operations while leading strategic development initiatives required for long-term success.

Some of the areas of responsibility include:. Brown succeeds Bronte Kumm, who stepped down from his position on November 1, In this role, Brown is responsible for leading the operations of RSDHC which include three hospitals and a college in Malaysia and three hospitals in Indonesia.

Brown also oversees the management services and operations of Tree Top hospital in Maldives. RSDHC is looking at expansion in Malaysia and Asia through potential acquisitions in the near future, a move that will be carried out after strengthening its current operations.

There, he oversaw seven high acuity hospitals and four mental health facilities. With over four decades of experience in healthcare management, Brown has held several senior management roles in a variety of public and private hospitals throughout New South Wales and Victoria, Australia.

Development of detailed business rules and monthly KPI reports for operating theatres, CSSD, ICU, and maternity, resulting in imporved effciency and financial performance by focusing on outliers and sharing ideas across hospitals.

Some specific examples of this are as follows:. Westmead Private Hospital ICU — The issue identified through benchmarking related to the inappropriate admission of patients to ICU who could not be billed to the health funds as they did not have appropriate interventions. The admission criterion was altered and patients are now receiving appropriate interventions, or they are accommodated on the ward with higher nursing ratios, but not at ICU levels.

This has resulted in a decrease of other billable patients and an increase in category C patients. In comparing March to Julyother billable days have reduced from to A number of projects have been introduced in Ramsay Australia, both from a revenue increase and cost-saving perspective, and I have been the executive sponsor for those listed. The increased revenue or savings from these projects are listed below:. CAFAT Contract — Assisted in the negotiations with the new Caledonian Department of Health to create an exclusivity agreement to treat their patients in either a Ramsay NSW Sydney Metropolitan hospital or a public hospital if the service is not able to be provided by a Ramsay hospital.

In Marchthe contract was finalised and this agreement commenced on April 1, Secondly, the development of strong quality teams has also been another milestone in her work both in Indonesia and Malaysia and lastly the upskilling of nursing staff from diploma to degree nurses and the professionalization of nursing have been very satisfying.

This has provided more challenges, especially dealing with multiple cultures and increased responsibility. In her spare time, Erin loves to travel and has been very fortunate to visit many Asian countries. She also likes to entertain and enjoys having colleagues and friends come to her apartment in Ara Damansara. Family is of major importance to Erin and although they all live far away in Australia, modern communication channels and frequent visits by her family to Indonesia and Malaysia, keep her in close contact.

Her experience in auditing and the diverse roles and positions held in many Multi-National Companies prior to joining Ramsay Sime Darby Health Care has given her a thorough knowledge of the financial issues affecting our health system. During her tenure at KPMG as a Tax Consultant Gee specialized in mergers and acquisition transactions and served a wide range of clients with a focus on investments in several sectors.