Introduction

[1] This case concerns a dispute primarily between related companies involved in the business of trading in household furniture and fittings.

[2] Wescourt Design Sdn Bhd ("WDSB") is a private limited company involved in the design, manufacture and supply of household furniture since its incorporation in 2007 and controlled by a Wan Yin Ney who has extensive experience in the household furniture business.

[3] Wescourt Furnishing (M) Sdn Bhd ("WFMSB") is also a private limited company incorporated in 2010 to venture particularly into the business of retailing in household furniture. The shareholders of the WFMSB are Loh Yew Kong (30%), Ho Kam Chon (30%), Wan Yin Ney (20%) and Wan Kim Hong (20%). All four of them are also directors of WFMSB at the material time. Wan Yin Ney and Wan Kim Hong are siblings.

[4] In this case, WDSB in the original claim sued WFMSB for unpaid household furniture supplied and transferred over to WFMSB as well as for various disbursements such as mobile phone charges, electricity bill, etc incurred by WDSB on behalf of WFMSB.

By counterclaim added pursuant to O 15 rr 2 and 3 of the Rules of 2012, WFMSB sued WDSB, Wan Yin Ney and Wan