Judge voids Elon Musk's $56b Tesla pay package

NEW YORK — A judge in the US state of Delaware voided the $56 billion compensation package of Tesla chief executive Elon Musk on Tuesday, siding with a shareholder who claimed the entrepreneur was overpaid.

The judge in Delaware Chancery Court ruled that the plaintiff, a Tesla shareholder named Richard Tornetta, was "entitled to rescission", approving the annulment of Musk's 2018 humongous compensation agreement worth as much as $55.8 billion.

Judge Kathaleen McCormick added that the parties must now "confer" and then submit a joint letter "identifying all issues, including fees, that need to be addressed to bring this matter to a conclusion at the trial level".

The electric vehicle maker's share price fell more than 3 percent in after-hours trading following the publication of the 200-page ruling.

In a message posted on X, formerly Twitter, shortly after the decision was announced, Musk — currently ranked by Forbes magazine as the world's richest person — wrote, "Never incorporate your company in the state of Delaware."

A lawyer for Musk did not immediately respond to a request for comment.

'Absurdly outsized'

"We are enormously grateful for the court's thorough and extraordinarily well-reasoned decision in turning back the Tesla board's absurdly outsized pay package for Musk," Greg Varallo, who represented the shareholders, said in a statement shared with Agence France-Presse.

"The court's hard work will redound directly to the benefit of Tesla investors, who will see the dilution from this gargantuan pay package erased," he added.

Musk's 2018 compensation plan was "the largest potential compensation opportunity ever observed in public markets by multiple orders of magnitude", McCormick wrote in her decision.

The unusual plan, valued at a maximum of $55.8 billion, would allow Musk to receive Tesla shares in 12 tranches, based on hitting certain performance criteria.

Musk was sued, along with Tesla and some other members of the company's board of directors; the case went to trial in 2022.

During his trial in Delaware, Musk told the courtroom that investors "thought we would fail and go bankrupt", at the time the pay deal was approved.

"We were in quite a tough position at the time. We were losing a lot of money," he said. "The probability of survival was extremely low."

Agencies Via Xinhua