Anand Ponnudurai J

Introduction

[1] The Plaintiff ('P') commenced these proceedings against all three Defendants seeking inter alia a declaration that the Defendants have breached a settlement agreement to pay P a sum of RM 2,893,205.00 and for an order that all three Defendants are jointly and severally liable to pay P the said sum. Alternatively, P seeks an order that the 2nd and 3rd Defendants ("D2 and D3") transfer to them two properties at the value of RM2,893,205.00.

[2] It is undisputed that the 1st Defendant ("D1") as at 30 June 2022 had admitted owing P the sum of RM4,194,511.10 as evident from D1's audit confirmation dated 26 July 2022. However, D1 was subsequently wound up and P has since obtained leave from the winding up Court to proceed with these proceedings against D1. However, after filing a Memorandum of Appearance, D1 thereafter failed to file their Statement of Defence. Thereafter, post-trial and before the Court's decision could be rendered, P filed encl 82 which was its application to enter Judgment in Default of Defence against D1. The Court allowed such application and declared that D1 had breached the settlement agreement where it agreed to pay P the s