Question
Felix Sdn Bhd was formed in January 2020. The business of the company is to repair computers. The directors of the company are Fred, Ah
Felix Sdn Bhd was formed in January 2020. The business of the company is to repair computers. The directors of the company are Fred, Ah Fong and Fatimah. As Felix Sdn Bhd wishes to grow big, in September 2020, it contracted to buy a bigger office lot from Gamma Sdn Bhd since its current office space is small. Felix Sdn Bhd moved into its new office space soon after the contract was entered into. The value of the office lot is RM250,000. Since Felix Sdn Bhd started its business in January 2020, it did not have RM250,000 in full sum. Hence, the contract with Gamma Sdn Bhd stated that Felix Sdn Bhd would make the full payment on 1st November 2020. To date, Felix Sdn Bhd has not made any payment to Gamma Sdn Bhd. It has now transpired that Felix Sdn Bhd was in major financial problem since March 2020. In fact, the Chief Operating Officer (COO) of Felix Sdn Bhd, Kumar, was strongly against the move to contract with Gamma Sdn Bhd due to the deteriorating financial condition of Felix. The Board of Directors (BOD) of Felix Sdn Bhd did not take heed of the COO's advice. It was also discovered that the BOD knew all along that Felix Sdn Bhd would not be able to make the payment. In fact, the BOD wanted to teach a lesson to Gamma Sdn Bhd since Gamma Sdn Bhd's subsidiary company Halifax Sdn Bhd, which is seen as a competitor, is the topmost successful company specialising in repairing computers. Advise Gamma Sdn Bhd whether any action can be taken against Fred, Ah Fong, Fatimah and Kumamoto
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