JUDGMENT

Ramly Ali J:

[1] These grounds of judgment are in respect of the plaintiff's claim against the 2nd defendant (vide encl. 1).

[2] The plaintiff had filed this suit on 1 June 2007 stating:

(a) that the plaintiff was at all material times a non-executive director of the 1st defendant;

(b) that the 2nd defendant is a de facto director of the 1st defendant;

(c) that the 1st and 2nd defendant had vide letter dated 28 August 2006 misrepresented to the plaintiff that the actual balance owing for the Employee Provident Fund ("EPF") as at the date of the said letter was RM160;

(d) that the 1st and 2nd defendant had not taken the appropriate steps/measures to pay the EPF contributions for the employees of the 1st defendant; and

(e) as a result of the said misrepresentation the plaintiff's good name and reputation had been tarnished.

The plaintiff now comes before this court seeking declarations, amongst others and in particular, against the 1st and 2nd defendant for damages as a result for the misrepresentation and for failure to pay EPF contributions for the employees of the 1st defendant.

[3] The basis of the plaintiff's claim herein is that, at all material times he was just a non