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2021 MarsdenLR 2485

FEDERAL COURT PUTRAJAYA
FAEKAH HAJI HUSIN & ORS – Appellant
Versus
MENTERI BESAR SELANGOR (PEMERBADANAN) – Respondent


Petitioner Advocates:Edmund Bon Tai Soon,New Sin Yew,Hoe Sue Lu ,Respondent Advocate: Seri Gopal Sri Ram,How Li Nee,Masturina Mohamad Rodzi,Marcus Lee

JUDGMENT

Rohana Yusuf PCA:

[1] The appellants, who were defendants in the High Court are appealing against the decision of the Court of Appeal by posing four legal questions before us.

[2] The appeal before us relates to the issue involving a body incorporated under Menteri Besar Selangor (Incorporation) Enactment 1994 (MBI Enactment).

[3] In this judgment, parties will be referred to, as they were, in the High Court.

[4] The plaintiff is a body incorporated under the MBI Enactment and is known as Menteri Besar Selangor (Pemerbadanan). The defendants were former employees of the plaintiff. The 1st defendant, Faekah Binti Haji Hassan was employed as the Chief Executive Officer(CEO), the 2nd defendant, Rohany Binti Dato' Talib was holding the position as the Chief Operating Officer (COO) and the 3rd to 8th defendants were all officers holding various positions in the plaintiff. They were all employed under their respective contracts of employment.

[5] The then Menteri Besar of Selangor, Tan Sri Dato' Seri Abdul Khalid Bin Ibrahim (TSKI) as a Menteri Besar (Pemerbadanan) had approved payment in the sum of RM2,713,590.00 to be paid to the defendants under a Voluntary Separation Scheme (VSS P

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