Vernon Ong Lam Kiat JC:

[1] On 4 January 2006 the plaintiff obtained judgment against the 5th defendant IDSM Electronics Sdn Bhd ('IDSM') for US$90,585.01 on a trade debt for electronic components sold and delivered by the plaintiff to IDSM. The plaintiff claims that the assets and funds of IDSM were unlawfully dissipated by the 1st, 2nd, 3rd and 4th defendants as directors and/or shareholders of IDSM. The plaintiff is seeking a declaration that the 1st, 2nd, 3rd and 4th defendants as directors of IDSM are personally liable, jointly and/or severally, to the plaintiff for the judgment debt of US$90,585.01 due and owing by IDSM to the plaintiff and other consequential orders.

The Facts

[2] The salient facts as presented by the evidence are as follows:

(1) Between 12 May 203 to 14 November 2003 the plaintiff sold and supplied electronic components to IDSM. IDSM failed to pay the purchase price of the goods amounting to US$90,585.01. On 5 March 2004 the plaintiff filed a civil suit at the Johor Bahru High Court under Civil Suit No: 22.190.2004 ('2004 action') against IDSM claiming the sum of US$90,585.01. IDSM filed a defence and counter-claim for US$26,356.39.

(2) In 2004 all of th