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.
Judges (1)
Case Significance
Polydamic Sdn Bhd v 1. ) ASPEN GLOVE SDN BHD 2. ) ASPEN VISION GROUP SDN BHD ... is a High Court (Mahkamah Tinggi) decision dated May 15, 2025 (citation: pa-22ncc-50-07-2023). The case was decided by Anand Ponnudurai.
Key issues: - Full Trial – Plaintiff commences claim against three Defendants seeking inter alia a declaration that the Defendants have breached a settlement agreement..
What was the outcome of Polydamic Sdn Bhd v 1. ) ASPEN GLOVE SDN BHD 2. ) ASPEN VISION GROUP SDN BHD ...?
Polydamic Sdn Bhd v 1. ) ASPEN GLOVE SDN BHD 2. ) ASPEN VISION GROUP SDN BHD ... is a High Court decision dated May 15, 2025. The case was heard by Anand Ponnudurai. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-22ncc-50-07-2023)