Alice Loke Yee Ching J:

Introduction

[1] The Plaintiffs suit against the 4th and 5th Defendants is premised on a guarantee executed by them to pay all sums due and owing for goods delivered to the 1st Defendant.

Salient Facts

[2] The 1st Defendant, Flowcrete Malaysia Sdn Bhd ("Flowcrete") is a locally incorporated company. The records maintained by the Companies Commission of Malaysia shows its business to be that of "supplier, installer and trader of industrial flooring and related products and trading, import and export of general goods" Flowcrete was wound up on 14 July 2021.

[3] The 2nd and 3rd Defendants were both the shareholders of Flowcrete. The 2nd Defendant was also a director at the material time. Both were adjudicated bankrupts on 23 March 2022 and 27 September 2022 respectively.

[4] In view of the insolvency of the 1st to 3rd Defendants, the Plaintiff has since discontinued the suit against them.

[5] The 4th and 5th defendants (hereinafter referred to as D4 and D5 respectively) were former employees of Flowcrete. D4 was the finance director and D5, the credit control manager.

[6] Between the years 2015 to 2017, the Plaintiff and Flowcrete were engaged in a business rel