HIGH COURT MALAYA KUALA LUMPUR
RICH CONTRACTS SDN BHD & ORS – Appellant
Versus
ONG BOON TIONG & ORS – Respondent
JUDGMENT
Introduction
[1] The plaintiff filed an application to add parties and to amend the writ and statement of claim in this action ("Amendment Application").
[2] The court allowed the Amendment Application. The reasons for this decision are as set out below.
Background Facts
[3] The plaintiffs are companies within the Smart Glove group of companies ("Smart Glove Group"). The group is in the business of manufacturing and selling of gloves. The glove-manufacturing process requires thermal heat which is obtained from the two heat supply companies in the Smart Glove Group, namely the 1st and 2nd plaintiffs. The 1st and 2nd plaintiffs use palm kernel shells ("PKS") as the main sourceof fuel to generate biomass energy and thermal heat, which would in turn be supplied to the 3rd plaintiff, for glove-manufacturing activities. Woodchips and wood pellets are alternative fuel sources.
[4] The 1st and 2nd plaintiffs purchase PKS from various suppliers in the market. They also source woodchips and wood pellets from either specific woodchip suppliers or suppliers of PKS.
[5] The 1st defendant was the 3rd plaintiff's Global Sourcing Manager. His duties include sourcing and proc
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