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2024 MarsdenLR 2316

HIGH COURT MALAYA KUALA LUMPUR
SS MINERALS TRADING SDN BHD – Appellant
Versus
IBRAHIM MAT SEDDEK & ORS – Respondent


Petitioner Advocates:Beh Chee Wei ,Respondent Advocate: Hasiera Hashim

JUDGMENT

(Enclosure 1)

Hayatul Akmal Abdul Aziz J:

[1] Introduction

1.1 This case concerns an uncomplicated issue involving goods sold and delivered by the plaintiff to Maser Chemical Berhad (Maser), a company in the Maser Group of Companies (Group Enterprise) at the time of the transaction:

(a) The plaintiff, as pleaded, is a foreign investment company established in Malaysia that, amongst other things, supplies Barite Powder for use in the oil and gas industry.

(b) An official company search with SSM: CBOD Vol 1 (Part A), encl 40, pp 40-48, revealed that:

(1) The first defendant (D1), a Maser shareholder, was appointed board member on 24 June 2004.

(2) The second defendant (D2), also a shareholder, was appointed to the board of Maser on 1 April 2010. He was also appointed as the manager of Maser on 29 April 2013, and

(3) The third defendant (D3), also a shareholder, was appointed to Maser's board on 17 January 2013.

D1 and D2 were the board members in control of Maser during the commercial transaction between the plaintiff and Maser, which involved a subsequent default in payment.

1.2 In the plaintiff's case:

(1) The Ds, who were directors of Maser, had conducted the company's affairs to def


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