Polydamic Sdn Bhd v 1. ) ASPEN GLOVE SDN BHD 2. ) ASPEN VISION GROUP SDN BHD 3. ) ASPEN VISION CITY SDN BHD
Catchwords
- Full Trial – Plaintiff commences claim against three Defendants seeking inter alia a declaration that the Defendants have breached a settlement agreement. - Whether there exists a settlement agreement to pay the sum between the Plaintiff and Defendants or whether the said settlement agreement only exists between Plaintiff and First Defendant? - Whether the filing of a Proof of Debt by the Plaintiff against the First Defendants which have been wound estopps the Plaintiff from pursuing its claim against the 2nd and 3rd Defendant? - Whether there was any basis to lift the corporate veil of the Defendants? - The Court finds: (a) that the debt was at all times due from D1 to P; (b) that there was no admission, assignment and/or assumption of D1’s debt by D2 and D3; (c) that at all material times, the settlement for the amount of RM2,893,205.00 originated from D1 and it was D1 who agreed to pay the said sum as settlement to P; (d) that there was no privity of contract between P and D2 and D3 in respect of the sum of RM2,893,205.00 nor in respect of the transfer of properties Nos.184 and 185 to P; (e) that the Defendants at all times operated as separate legal entities as opposed to a single economic entity and that therefore, there is no basis to pierce or lift the corporate veil to treat the Defendants as a single economic entity. - The Plaintiff’s claim against D2 and D3 is dismissed with costs.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-22ncc-50-07-2023)