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in the court of appeal malaysia (appellate jurisdiction)

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<strong>in</strong> obta<strong>in</strong><strong>in</strong>g merchandise from suppliers. He also expla<strong>in</strong>ed<br />

that one <strong>of</strong> <strong>the</strong> reasons <strong>the</strong> Company was not able to meet <strong>the</strong><br />

sales target last year was due to <strong>the</strong> withdrawal <strong>of</strong> certa<strong>in</strong> items<br />

from sale ra<strong>the</strong>r than to do so below costs.<br />

Mr. Kung sought clarification on <strong>the</strong> 1% Management Fees<br />

charged by NKC without evidence <strong>of</strong> provid<strong>in</strong>g proper<br />

management. Ms Kat Yong expla<strong>in</strong>ed that <strong>the</strong>se fees are <strong>in</strong><br />

respect <strong>of</strong> <strong>the</strong> share <strong>of</strong> Costs <strong>in</strong>curred by NKC on <strong>the</strong> Group’s<br />

MIS Dept outsourced, centralised purchas<strong>in</strong>g, <strong>in</strong>ternal audit<br />

functions outsourced and centralised <strong>in</strong>ternal audit functions.<br />

She added that <strong>the</strong> Company paid <strong>the</strong> least HQ expenses shared<br />

by all stores.<br />

Tan Sri Lau commented that a cost vs benefit analysis on <strong>the</strong><br />

Management fee charged should be computed and presented to<br />

conv<strong>in</strong>ce <strong>the</strong> o<strong>the</strong>r jo<strong>in</strong>t venture partner. He also suggested that<br />

future budget be prepared up to February <strong>the</strong> follow<strong>in</strong>g year<br />

<strong>in</strong>stead <strong>of</strong> up to December for <strong>the</strong> year. He fur<strong>the</strong>r emphasized<br />

that <strong>the</strong> Company should set objective to recoup <strong>the</strong> share<br />

capital <strong>of</strong> <strong>the</strong> Company <strong>in</strong> three (3) years’ time ie by <strong>the</strong> year<br />

2006.<br />

Agenda 7 OUTSTANDING RENTAL FOR JULY AND<br />

AUGUST 2003 OF RM387,543.87<br />

Ms Kat Yong reported that HSBC shall release RM1 million by<br />

next week. The fund shall be used to pay suppliers and<br />

consigners so as to facilitate new merchandises to come <strong>in</strong> to<br />

meet <strong>the</strong> October sales requirement.<br />

Tan Sri Lau proposed that <strong>the</strong> Company consider payment to<br />

landlord after <strong>the</strong> Ch<strong>in</strong>ese New Year 2004. He fur<strong>the</strong>r<br />

suggested that <strong>the</strong> Board <strong>appeal</strong> to <strong>the</strong> Landlord for<br />

consideration.<br />

Mr. Kung remarked that pursuant to <strong>the</strong> Tenancy Agreement, if<br />

<strong>the</strong> Company fails to pay three (3) months rental due <strong>the</strong>n <strong>the</strong><br />

Company would have breached <strong>the</strong> Tenancy Agreement. He<br />

added that <strong>the</strong> company should give confidence to <strong>the</strong> Landlord<br />

70

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