PEMPETISYEN Eric Soon Boon Teck and Shuhaidah binti Ahmad for the Petitioner [Messrs Gan Dion & Partner] Jasneeta Kaur Bhullar for the Respondent [Messrs Azmi Fadzly Maha & Sim]

PEMPETISYEN Eric Soon Boon Teck and Shuhaidah binti Ahmad for the Petitioner [Messrs Gan Dion & Partner] Jasneeta Kaur Bhullar for the Respondent [Messrs Azmi Fadzly Maha & Sim]

The petitioner established an undisputed debt evidenced by a judgment and a statutory demand which the respondent did not comply with within the statutory period and filed no affidavit in opposition; the court properly exercised its discretion under s469(1) to allow time and, upon non-compliance, made an Unless Order and granted an Order in Terms to wind up the respondent with costs.

Citation
WA-28NCC-124-02/2022 (Mahkamah Tinggi)
Parties
Petitioner: KAWASAN PILIHAN SDN BHD; Respondent: CRECOM BURJ GROUP SDN BHD; Contributory: Roslinda binti Jaafar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 August 2022
Case Number
WA-28NCC-124-02/2022 (Mahkamah Tinggi)
Procedural Posture
Companies (winding Up) Petition Under Companies Act 2016 / Order in Terms Granted to Wind Up Respondent on 23.8.2022; Appeal Lodged by Respondent
Outcome
Order in Terms granted to wind up Crecom Burj Group Sdn Bhd on 23.8.2022; respondent has appealed
Legal Topics
Statutory Demand Under S466(1)(a), Winding Up Under S465(1)(e), Unless Order and Discretion Under S469(1), Costs
Source Language
Malay/English
Company Law Insolvency and Winding Up Civil Procedure Statutory Demand Under S466(1)(a) Winding Up Under S465(1)(e) Unless Order and Discretion Under S469(1) Costs

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Parties

KAWASAN PILIHAN SDN BHD

Petitioner

CRECOM BURJ GROUP SDN BHD

Respondent

Roslinda binti Jaafar

Contributory

Procedural Posture

Companies (winding Up) Petition Under Companies Act 2016 / Order in Terms Granted to Wind Up Respondent on 23.8.2022; Appeal Lodged by Respondent

Legal Issues

  1. 1 Whether the respondent failed to comply with a statutory demand under section 466(1)(a)
  2. 2 Whether the petitioner established grounds for winding up under section 465(1)(e)
  3. 3 Whether the contributory’s application for a stay should be granted or dismissed

Ratio Decidendi

The petitioner established an undisputed debt evidenced by a judgment and a statutory demand which the respondent did not comply with within the statutory period and filed no affidavit in opposition; the court properly exercised its discretion under s469(1) to allow time and, upon non-compliance, made an Unless Order and granted an Order in Terms to wind up the respondent with costs.

Court Disposition

Order in Terms granted to wind up Crecom Burj Group Sdn Bhd on 23.8.2022; respondent has appealed

Orders

  • Order in Terms to wind up Crecom Burj Group Sdn Bhd dated 23.8.2022
  • Costs awarded to Petitioner RM10,000 for the Petition and Enclosure 27 (paragraph 12 a,b and c)