1. ) KUGIINDRAN A/L MUNINDY 2. ) NEVILLE ANTHONY FERNANDEZ AZTEC LABORATORIES SDN BHD

1. ) KUGIINDRAN A/L MUNINDY 2. ) NEVILLE ANTHONY FERNANDEZ AZTEC LABORATORIES SDN BHD

The Court affirmed that the plaintiff demonstrated a clear and undisputed debt and met Order 14 requirements; the appellants failed to raise any bona fide triable issue and, as directors who continued trading while the company could not pay, they are personally liable under s.540 Companies Act 2016; appeal dismissed and lower court judgment affirmed.

Citation
WA-12ANCvC-188-10/2024 (Mahkamah Tinggi)
Parties
Appellant / 2nd Defendant: Kugiindran A/L Munindy; Appellant / 3rd Defendant: Neville Anthony Fernandez; Respondent / Plaintiff: Aztec Laboratories Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
WA-12ANCvC-188-10/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Final Judgment on Appeal
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Summary Judgment (order 14 ROC 2012 / KKM 2012), Director Liability Under S.540 Companies Act 2016, Lifting the Corporate Veil, Debt for Services (pcr Testing)
Source Language
Malay/English
Civil Procedure Company Law Contract Law Debt Recovery Summary Judgment (order 14 ROC 2012 / KKM 2012) Director Liability Under S.540 Companies Act 2016 Lifting the Corporate Veil Debt for Services (pcr Testing)

Case Brief

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Parties

Kugiindran A/L Munindy

Appellant / 2nd Defendant

Neville Anthony Fernandez

Appellant / 3rd Defendant

Aztec Laboratories Sdn Bhd

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Final Judgment on Appeal

Legal Issues

  1. 1 Whether summary judgment under Order 14 ROC 2012 was properly granted
  2. 2 Whether the plaintiff established a clear and undisputed debt arising from PCR testing services
  3. 3 Whether directors (2nd and 3rd defendants) are personally liable under s.540 Companies Act 2016

Ratio Decidendi

The Court affirmed that the plaintiff demonstrated a clear and undisputed debt and met Order 14 requirements; the appellants failed to raise any bona fide triable issue and, as directors who continued trading while the company could not pay, they are personally liable under s.540 Companies Act 2016; appeal dismissed and lower court judgment affirmed.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed and Sessions Court judgment upheld
  • Defendants ordered to pay judgment sum of RM458,980.40 to respondent with interest at 5% per annum from date of writ until full settlement