JUDGMENT

Noor Hayati Mat J:

Introduction

[1] The Plaintiff filed this application in encl 13 to re-amend its Amended Statement of Claim dated 19 June 2024 pursuant to O 20 r 5 of the Rules of 2012 (ROC).

[2] After hearing both parties, I dismissed the application with costs and hence this appeal to the Court of Appeal.

Brief Facts

[3] From the pleadings filed, Plaintiff was formerly known as LD Plastics Industries Sdn Bhd and is primarily involved in the business of plastic manufacturing since 2001. The Defendant, too, in some way, was in a similar line of business with the plaintiff.

[4] Sometime in 2019, defendant's Managing Director, Bong Sook Fong, had orally conveyed to plaintiff's Managing Director, Ooi Tse Biing, of the defendant's intention to buy all plaintiff's moveable assets, customers and 'goodwill' of the company for a total of RM8,009,653.58 provided that the plaintiff ceased to conduct business and operate under the name of LD Plastics Industries Sdn Bhd.

[5] During the course of negotiations and discussions, both parties accepted the offer for the defendant to take over the liabilities, goodwill and movable assets of plaintiff, totalling RM8,009,653.58.

[6] Consequently,