Re Richmond Gate Property Company Ltd
| Jurisdiction | England & Wales |
| Date | 1964 |
| Court | Chancery Division |
Company - Director - Managing director - Remuneration - By Table A, art. 108, such amount “as the directors may determine” - Nothing determined - Whether entitled to remuneration on quantum meruit basis - Whether article 108 limited to director appointed by board under article 107 - Managing director appointed under articles of company -
By the articles of association of a company incorporated in January, 1962, Table A of the
Held, that article 108 was separate and independent from article 107 and, therefore, applied either where a managing director had been appointed by the articles of association of the company and/or where he had been appointed pursuant to a resolution by a board of directors; that that article, together with the appointment of the applicant in article 9 of the company's articles, being a member of the company, amounted to a contract between the claimant and the company for payment of remuneration according to the terms of article 108, that was, “such amount as the directors may determine”; that that express contract excluded any question of payment being due on the basis of quantum meruit for the work done by the claimant being work done in his capacity of managing director; and that, accordingly, as no amount had been determined, he was not entitled to receive anything and his proof had been rightly rejected by the liquidator.
Craven-Ellis v. Canons Ltd. [
ADJOURNED SUMMONS.
Richmond Gate Property Co...
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...& Co. K.G. The Niedersachsen, [1983] 1 W.L.R. 1412; [1984] 1 All E.R. 398, applied. (11) Richmond Gate Property Co. Ltd., In re, [1965] 1 W.L.R. 335; [1964] 3 All E.R. 936, applied. (12) Tilley”s Will Trusts, In re, Burgin v. Croad, [1967] Ch. 1179; [1967] 2 All E.R. 303, applied. (13) West......
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