Wong v The Commissioner of Police & Anor,
(1) the High Court released a party from an implied undertaking not to use documents for a collateral purpose. In this case, the documents in question had been provided by the second respondent (the respondent) to the police in support of its criminal complaint against the applicant. Copies of the documents were passed by the police to the applicant during their investigation. While the implied undertaking generally arises in the context of documents that a party is compelled to disclose to another as a result of discovery in a civil action, it can have a wider application to (for example) documents obtained by a party during a criminal investigation. The applicant wished to use the documents in support of her defence to civil proceedings commenced by the respondent. On an exceptional basis and good cause having been shown, the court allowed the applicant s application to be released from the implied undertaking. The case serves as a useful
The Supreme Court recently reached a decision concerning an appeal case against the National Court's annulment of a National Securities Market Commission agreement authorising a buy-out takeover. In particular, the Supreme Court took a stand on the potential conflicts of interest between the proposed evaluation report and the price offered in the takeover framework when the evaluation report is carried out by an independent expert.
Introduction
On 25 January 2021 President Biden signed an executive order (EO) to direct more spending of the federal government s $600 billion procurement budget on American-made products, while rethinking the existing regulatory framework.
By narrowing the loopholes that allow government purchases of foreign products, increasing agency accountability and directing agencies to seek out US suppliers, the EO aims to revitalise the domestic manufacturing industry and create American jobs in furtherance of Biden s economic recovery plan, Build Back Better.(1)
Key points
The EO directs the Office of Management and Budget (OMB) and the Federal Acquisition Regulatory (FAR) Council, which assists in the direction and coordination of government-wide procurement regulatory activities, to:
The construction sector is one of the economic sectors that is permitted to operate during the second Movement Control Order (MCO 2.0). As such, on 14 January 2021 the Construction Industry Development Board of Malaysia s website published the standard operating procedure (SOP) that companies with permission to operate during MCO 2.0 must comply with when carrying out construction works (Construction SOP). This article discusses the key points of the Construction SOP.
Only critical construction works allowed
The Construction SOP stipulates that only critical construction works as specified in the Ministry of Works press statement of 12 January 2021 may be carried out during MCO 2.0 (for further details please see MCO 2.0: critical construction works allowed ).
One of the welcome measures of the Swiss corporate law reform is the so-called 'capital band', which provides companies with more flexibility regarding changes to their capital structure. Since Swiss-listed companies could have used the capital band in an abusive manner to generate tax advantages for certain types of shareholder, the respective tax legislation had to be adapted. All Swiss companies which are considering introducing a capital band should carefully plan ahead.