JUDGMENT

Rohana Abd Malek JC:

Introduction

[1] This is an application by the plaintiff pursuant to s 540 of the Companies Act 2016 ( CA ) against the defendants who are the common directors and/ or shareholders and/or ultimate controllers of Mega Planner Jaya Sdn Bhd (Mega Planner) and Dakota Engineering Sdn Bhd (Dakota) for jointly and severally carrying out businesses with the intent to defraud the creditors of the plaintiff company by using Dakota to wind up the plaintiff in order to avoid repayment of debts due by Mega Planner to the plaintiff.

[2] After a full trial, I allowed the plaintiff's application with cost of RM50,000.00. Below are the reasons for my decision.

Background

[3] The plaintiff, Eastmont Sdn Bhd, a company involves in the building and construction business, was awarded a project by a company named Mega Planner Jaya Sdn Bhd on 3 August 2012 vide letter of award dated 3 August 2012 (Letter of Award) to carry out sub-structure works for 16 level serviced apartment in Taman Melati, Kuala Lumpur for a sum of RM26,000,000.00 (Project).

[4] The plaintiff had completed its works in accordance with the Letter of Award; however, the Letter of Award was subsequently termina