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2025 MarsdenLR 5045

HIGH COURT MALAYA JOHOR BAHRU
CHONG YOON CHOI & ANOR – Appellant
Versus
88 RESTORAN GUO TAI SDN BHD 21 & ORS – Respondent


Petitioner Advocates:Jegathisvaran Ramachandram,Pavithra ,Respondent Advocate: YS Chong,Lee Le Yi

JUDGMENT

Noor Hisham Ismail J:

Introduction

[1] This is a Writ action by the plaintiffs ("P") against the defendants for recovery of payment for goods sold and delivered by the plaintiff to the 1st defendant (company) ("D1") and for the 2nd, 3rd and 4th defendants ("D2", "D3" and "D4" respectively) who are the 1st defendant's directors to assume liability for the said payment.

[2] On 15 July 2020, Judgment in Default of Appearance ("JID") was allowed to be entered against D1 since the nature of claim is only monetary in nature.

[3] Trial then commenced in respect of P's claims against D2, D3 and D4.

[4] At the conclusion of the hearing, upon D1's corporate veil being successfully lifted, judgment was entered against D2, D3 and D4 for them to assume liability on a jointly and severally basis towards the judgment sum, interests and costs entered against D1 under the JID.

[5] D2, D3 and D4 have since filed their appeal to the Court of Appeal against the said decision of this Court .

Salient Facts

[6] P's claimed that between the period of 15 November 2019 until 14 March 2020, they have at the request of the defendants supplied seafood (as P's business is in the supply and sale of seafood) t


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