rayuan sivil no. 02( ) – 6 – 2011 (w) - Malaysian Legal and Tax ...

etirement on 31/12/1988. However it was the auditors’
determination that the net amount of RM215,521.00 was due
from the Appellant to the Respondents instead.
Proceedings in the High Court
12. The Appellant was aggrieved about the valuation of his
entitlement on his retirement from the Firm. He therefore filed
an action in the High Court against the Respondents making
various claims as constituting the value of his share in the Firm.
The Respondents filed a counter claim of RM62,000.00 against
the Appellant from the value of the car registration No. BBT 55.
13. On 10/12/2004, the High Court dismissed the whole of the
Appellant’s claim except the claim for 5% absolute shares of
the Firm’s net profit but limited the same only from 01/01/1989
to 31/12/1989. The learned High Court Judge allowed the
Respondents’ counter claim.
Proceedings in the Court of Appeal
14. Thereafter, the Appellant filed an appeal to the Court of Appeal
against:-
(i) The whole decision of the High Court in dismissing the
Appellant’s prayers for declarations, orders and claims,
save as to the 5% absolute share in the Firm’s net profit.
(ii) That part of the decision of the High Court in deciding
that the Appellant is only entitled to the 5% absolute
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