[1] This is an appeal against the decision of the learned High Court Judge who allowed the respondent's claim against the appellant who was the 1st defendant in the Court below. The respondent had sued the appellant as the 1st defendant and his mother as the 2nd defendant under subsection 304(1) of the Companies Act 1965 . The 2nd defendant passed away before the trial got underway. The action was however not withdrawn; the 2nd defendant's estate was represented by one Chin Chee Loy.

Some Background Facts

[2] These are the facts as set out in the decision of the learned High Court Judge. For easier understanding, the parties will be referred in their capacities before the High Court.

[3] The plaintiff is a company which supplies plastic resin used in the manufacture of plastic products. It supplied resin to a company called Pacific Plastic Industries Sdn Bhd