28 Feb 2022
Ever-yield sdn Bhd Yap Keat Choon
- Citation
- S-02(NCvC)(W)-1824-09/2018 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- S-02(NCvC)(W)-1824-09/2018 (Mahkamah Rayuan)
The Court held that the High Court was not plainly wrong in finding the respondent entitled to directors' remuneration where either the board had authority delegated by a general meeting (Ever Yield) or unanimous shareholder assent under the Duomatic principle could be inferred for wholly owned group companies; the respondent proved on balance repayment claims (loans and cheques) against Ever Yield and lack of rebuttal by appellants; however awards for damages in lieu of notice were set aside where summary dismissal was justified by respondent's unauthorised encashment of company cheques whil…