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2017 MarsdenLR 1355

HIGH COURT MALAYA SHAH ALAM
VY PLUMBING CONSTRUCTION SDN BHD – Appellant
Versus
PEMBINAAN LEGENDA UNGGUL SDN BHD & ORS – Respondent


Gunalan Muniandy J:

[1] This is a suit commenced by the plaintiff ('P') against six defendants ('D1-D6'). In his statement of claim ('SOC') P basically claimed payment from D1 for works done based on three letters of award (L/A'). P also alleged fraud against D1 for dissipating its assets before making payment to P of the outstanding debt due. In addition, P invoked the discretion of the court to order the lifting of the corporate veil of D1 for P to pursue his purported claims against D2 to D6 for alleged fraud and conspiracy to defraud P.

Agreed Facts Between The Plaintiff And D1

(1) The 1st defendant is a company established in provisions of the Companies Act 1965 and was registered having its registered address at C4-3A-10, Solaris Dutamas, No 1, Jalan Dutamas 1, 50480, Kuala Lumpur.

(2) The 1st defendant's authorised capital is RM25,000,000.00 and RM15,000,000 was issued and paid in full. The 2nd defendant was once the 1st defendant's sole shareholder.

(3) The 3rd defendant was once the Director of the 1st defendant having his address at No 1, Jalan 7B, Kemensah Heights, Hulu Kelang, Ampang, 68000 Kuala Lumpur.

(4) The 4th defendant was once the Director of the 1st defendant and a

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