JUDGMENT

Mohd Radzi Harun J:

Grounds

Introduction

[1] The Plaintiff claimed an amount of USD398,890.00 against the 1st Defendant for non-performance of a contract for sale and that the corporate veil of the 1st Defendant is lifted to declare the liability of the 2nd-4th Defendants that would make them equally liable.

[2] This Court allowed the Plaintiff's claims based on the grounds below.

Background

Plaintiff's Case

[3] Pursuant to a Sale and Purchase Agreement dated 20 June 2017 between the Plaintiff and the 1st Defendant ("SPA"), the 1st Defendant agreed to sell Bauxite minerals to the plaintiff by way of FOB to be loaded onto a vessel nominated by the plaintiff.

[4] The 1st Defendant was required to obtain all export and shipping licence and permits as exporter to effect the sale.

[5] The Plaintiff paid USD398,890.00 to the 1st Defendant but the 1st Defendant failed to load any cargo due to the 1st Defendant not having any Export Permit under Borang K2 as prescribed under the Customs Act 1967 ("AP").

[6] The Defendants were aware that the 1st Defendant does not possess the AP at the time when the SPA was signed.

[7] Despite the 1st Defendant's promise to return the monies to the plaintif