Miskin Sdn Bhd (Miskin) is a company which specialises in the trading of electronic spare parts. Ali, Badri and Cindy are its directors. Although the company was prosperous in the past it has suffered serious losses over the past three years and is now insolvent.Six months ago, Ali and Badri, pursuant to a decision taken at a board meeting at which Cindy was not present, ordered, on credit, RM2 million worth of electronic spare parts from EZ Manufacturing Sdn Bhd (EZ). When Cindy later learned of this transaction, she questioned Ali and Badri as to how Miskin was going to pay for the goods when it was totally insolvent. They replied that they did not have any intention of paying EZ.Last week Miskin was put into insolvent liquidation and a liquidator was appointed.The liquidator seeks your legal advice on the following matters:(a) whether Ali and Badri have committed any specific criminal offence under the Companies Act 1965 in respect of ordering goods on credit from EZ; (3 marks)(b) whether Ali, Badri or any other person can be made personally liable for the debts and liabilities of Miskin; and (3 marks)(c) If Ali and Badri did not have the intention to defraud EZ but instead they ordered the goods on credit in the hope that the prospects of Miskin would soon improve, whether:(i) they have committed any criminal offence; and(ii) they, or any other person, can be made personally liable for the debts and liabilities of Miskin. (4 marks)Required:Advise the liquidator.Note: The mark allocation is shown against each matter. (10 marks)
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