Arziah Mohamed Apandi JC:

(Relating To Enc 228)

Introduction

[1] This is my decision on the Defendants' application filed in Enc. 228, seeking a declaration that the First, Third, Fourth and Fifth Defendants have been misjoined as parties to this suit. The application was filed on 17 April 2024 and served on the Plaintiffs on 18 April 2024, just before the trial commenced on 22 April 2024. I reserved my decision until the completion of the trial. The parties filed written submissions to the application and supporting affidavits.

[2] The Plaintiffs' claim is for the principal sum of RM2,702,500.00 for 46 containers of sugar supplied to the Defendants. It is undisputed that payment was made for 35 containers, but payment for the remaining 46 containers is still outstanding.

[3] The Defendants contend that Logix World (M) Sdn Bhd (the First Defendant)(Logix) is not a party to the contract for the sale of sugar and that the Directors (the Third, Fourth and Fifth Defendants) cannot be personally liable as the corporate veil has not been lifted.

Factual Background

[4] This action concerns a claim for goods sold and delivered, specifically 46 containers of refined sugar sold by the Plain