【分析解答题】

Miskin SdnBhd (Miskin) is a company which specialises in the trading of electronic spare parts.Ali,Badri andCindy 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 andBadri, pursuant to a decision taken at a board meeting at whichCindy was not present, ordered, on credit, RM2 million worth of electronic spare parts fromEZ Manufacturing SdnBhdEZ). WhenCindy later learned of this transaction, she questionedAli andBadri 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 payingEZ.Last week Miskin was put into insolvent liquidation and a liquidator was appointe

D、The liquidator seeks your legal advice on the following matters:(a) whetherAli andBadri have committed any specific criminal offence under theCompaniesAct 1965 in respect of ordering goods on credit fromEZ; (3 marks)(b) whetherAli,Badri or any other person can be made personally liable for the debts and liabilities of Miskin; and (3 marks)(c) IfAli andBadri did not have the intention to defraudEZ 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)