Faizah Jamaludin J:

Introduction

[1] This is a suit by the plaintiff against the defendants for breach of a supply agreement between the plaintiff and the first defendant ("D1") dated 1 March 2008 (the "Supply Agreement").

[2] D1 is the operator of a service station located on EMR 4750, Lot No 1974, Mukim Tanjong Duabelas, Daerah Kuala Langat, Selangor ("Land"). It retails fuel and petroleum products to the general public at the service station located on the Land. D1 is a partnership established on 6 March 1987 under the Partnership Act 1961.

[3] Haji Amer bin Risman (referred to in this Judgment as "Hj Amer" or "DW2") is the registered owner of the Land. He is the founder of D1 and the service station business operated by D1 on the Land. He is the father of the second, third and fourth defendants ("D2", "D3" and "D4"). D2, D3 and D4 are partners of D1.

[4] The plaintiff is a private limited company. It carries on the business of supplying petroleum products to, among others, dealer-owned dealer­operated petrol stations such as D1, for a commission. The petroleum products are sourced from nominated oil companies or companies licensed to supply petroleum products ("NOCs").

[5] Th