Tuesday, April 13, 2010

Abdul Aziz B Atan & Others V Ladang Rengo Malay Estate

Ladang Rengo Malay Estate deals with the palm oil industry. Abdul Aziz b Atan was one of the employees of the company at that time.After a few years, there had been a change of structure in the means of shareholders in the company; Ladang Rengo Malay Estate. All the shareholders transferred shares to other people and thus this create a confusion among the employees.Abdul Aziz b Atan considered the employers had been changed and hence, there were changed in Employment Agreement ; where he thought their (the employees) agreement has ended (the end of employment). They claimed they have the pension benefit.

held
co can enter into contracts
co can own its own property

All the shareholders sold and transferred their shares to a buyer.
The main assets of the co consisted of land on which the co carried out business as rubber and oil palm estate.
The employees put in a claim for termination benefits, claiming that the co was now owned by a different employer than that on their contracts.
The courts held that an incorporated co is a legal person separate and distinct from the shareholders of the co.
There was no change in the identity or personality of the co, and it continued to own all the estate assets which were an integral part of the business for the purposes for which the employees were employed.
A single shareholder of a co only owns the shares in his name and he has no right to lay his hands on the co assets.


Every company inside a group is a separate personality and owns it own property

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