1. Plaintiff's claim arises from the misappropriation of 491 motorcycles belonging to it valued at RM2,031,222.60. As against First Defendant (D1) its claim is for breach of contract of employment and tort of deceit and as against Second to Fifth Defendants the tort of deceit. Plaintiff is in the business of supplying Modenas motorcycles to its dealers. D1 was its Sales Executive from 15-8-1997 till 31-12-2002. Second Defendant (D2), Third Defendant (D3) and Fifth Defendant (D5) are individuals and D5 is also a director in Fourth Defendant (D4). D4 had a motorcycle dealership with Plaintiff in 2002.

2. It is essentially Plaintiff's case that in 2002 it realised a lot of outstanding payments from its biggest client Chin Hin (Jitra) Sdn Bhd (Chin Hin). It then discovered the misappropriation of 491 motorcycles which had occurred over a period of abou