JUDGEMENT

Ramly Ali JCA:

[1] This is an appeal by the appellants (the 2nd and the 3rd defendants in the original case) against the decision of the learned High Court judge in dismissing the appellants' appeal against the decision of the Sessions Court allowing the plaintiff's claim for summary judgement under O. 26A of the Subordinate Court Rules 1980.

Factual Background

[2] The 1st defendant, Haleywood Industries Sdn Bhd, was at all material times an employer as defined under s. 2 of the Employees Provident Fund Act 1991 (EPF Act).

[3] The 1st defendant had failed to make payment of EPF contributions in respect of its employees for the periods of June 2000 up to March 2002 and October 2000 up to May 2002 for a total sum of RM180,624.

[4] Both the 2nd and 3rd defendants (the appellants) were at all material times (during the relevant periods stated above) the registered directors of the 1st defendant.

[5] The 1st defendant was wound up on 18 November 2002.

[6] All the above facts are not in dispute.

[7] The plaintiff claimed for the said sum of RM180,624 initially from all the three defendants. However, since the 1st defendant was wound up on 18 November 2002, the plaintiff