PEMPETISYEN Norliza Binti Rasool Khan for the Petitioner [Messrs. Liza Khan & Sankey] Mohd Izwan Abd Rahman for the Respondent [Messrs. Faizan & Co.]

PEMPETISYEN Norliza Binti Rasool Khan for the Petitioner [Messrs. Liza Khan & Sankey] Mohd Izwan Abd Rahman for the Respondent [Messrs. Faizan & Co.]

Non‑payment of the statutory demand, coupled with dishonoured cheques and a solicitor's letter admitting cashflow problems, established a presumption of commercial insolvency which the respondent failed to rebut and no bona fide dispute on substantial grounds was shown; petition therefore succeeds and winding up orders were granted.

Citation
WA-28NCC-662-09/2021 (Mahkamah Tinggi)
Parties
Petitioner: Suria Labs Development Sdn Bhd; Respondent: Cloud Centre Kitchen Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 May 2022
Case Number
WA-28NCC-662-09/2021 (Mahkamah Tinggi)
Procedural Posture
Winding Up Petition / Judgment/decision
Outcome
Winding up petition allowed.
Legal Topics
Winding Up, Statutory Demand, Cheque Dishonour, Bills of Exchange, Admission of Debt, Bona Fide Dispute, Without Prejudice Communications
Source Language
Malay/English
Company Law Insolvency Commercial Law Contract Law Negotiable Instruments Law Winding Up Statutory Demand Cheque Dishonour +4 more

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Parties

Suria Labs Development Sdn Bhd

Petitioner

Cloud Centre Kitchen Sdn Bhd

Respondent

Procedural Posture

Winding Up Petition / Judgment/decision

Legal Issues

  1. 1 Whether the respondent is unable to pay its debts following non‑payment of a statutory demand
  2. 2 Whether a bona fide dispute exists to defeat the winding up petition
  3. 3 Whether issuance and dishonour of cheques and correspondence constitute admissions of debt

Ratio Decidendi

Non‑payment of the statutory demand, coupled with dishonoured cheques and a solicitor's letter admitting cashflow problems, established a presumption of commercial insolvency which the respondent failed to rebut and no bona fide dispute on substantial grounds was shown; petition therefore succeeds and winding up orders were granted.

Court Disposition

Winding up petition allowed.

Orders

  • Order in terms of paragraph 11 (i) (ii) and (iii) of the Petition