JUDGMENT

Mohd Nazlan Mohd Ghazali JCA:

Introduction

[1] These appeals concern the narrow issue of whether a company director who is due to retire under the articles of association of the company in an impending general meeting of the shareholders can be deemed to have retired upon the completion of the period the meeting ought to have been convened if the meeting could not be held for some reason.

[2] Three appeals were heard together before us as they raised the aforesaid same issue where the facts are similar. In order to follow the submissions made at and the judgment delivered by the High Court , focus however was on Appeal W-02(NCC)(A)-605-04/2022 ("Appeal 605") in respect of the action at the High Court in WA-24NCC-574-10/2019 ("OS 574"), although counsel at the hearing before us also agreed to refer to the articles of association of the first respondent in Appeal W-02(NCC)(A)-602-04/2022 ("Appeal 602") in respect of the action at the High Court in WA-24NCC-642-11/2019 ("OS 642"), as representative for the articles for all the respondent companies.

[3] Having examined the appeal records and deliberated on the submissions of counsel for parties before us, we found that there a