Nallini Pathmanathan JC:

INTRODUCTION

[1]The plaintiff, Tekital Sdn Bhd, which is a company incorporated in Malaysia by two Italian nationals, namely one Carlo Allaria and one Penna Luciana, brings this action against the six defendants claiming that these defendants conspired to injure them, and perpetrated a fraud against them. In essence the plaintiff invested in a company known as Auto Parking Inc Sdn Bhd (‘API’) which is now in liquidation. API, a private limited company, was at all material times involved in the car park business, ie it conducted the business of operating and managing car parks. The plaintiff maintains that it made such investment premised on various misrepresentations made to Carlo Allaria and Penna Luciana on behalf of the plaintiff, by one Edison De’ Cruz, on behalf of API. Edison De’ Cruz is said to be the central character in a stable/group of companies including API and the Stess group of companies, which, it is contended he runs, operates and manages through the six defendants in this suit.

[2]Pursuant to an agreement dated 18 March 2004, the plaintiff paid a sum of RM1.2m by way of investment in API. The parties to this agreement were stated to be the pl