14 Mar 2025
Dato' Sri Andrew Kam Tai Yeow Lead Enterprises Sdn Bhd
- Citation
- W-02(NCC)(A)-604-04/2022 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(A)-604-04/2022 (Mahkamah Rayuan)
Retirement by rotation prescribed in the articles takes effect only at the conclusion of a general meeting and cannot be deemed to have occurred merely by the expiry of the period within which an AGM ought to have been held; consequently a director was not validly vacated where no AGM was convened and statutory/member remedies to convene or extend meetings were available. High Court declarations of deemed retirement were set aside.