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HIGH COURT MALAYA PULAU PINANG
POLYDAMIC SDN BHD – Appellant
Versus
ASPEN GLOVE SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's claims based on settlement breach. (Para 1 , 2 , 3) |
| 2. details of supplied goods and settlement discussions. (Para 5 , 9 , 10 , 11 , 12) |
| 3. defendants' denial of liability and contract. (Para 19 , 22 , 23 , 24) |
| 4. plaintiff and defendants' respective contentions. (Para 32 , 33) |
| 5. burden of proof rests with the plaintiff. (Para 34 , 35) |
| 6. court's determination of settlement agreement existence. (Para 36 , 41 , 42) |
| 7. court's distinction of settlement with only d1. (Para 43 , 44 , 45 , 90) |
| 8. court's rejection of implied representations. (Para 66 , 67 , 68) |
| 9. court finds no basis to lift corporate veil. (Para 94 , 96) |
| 10. implications of filing a proof of debt. (Para 97 , 100 , 101) |
| 11. court's dismissal of plaintiff's claims. (Para 103 , 104) |
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") trans
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