DC & A Developments Sdn Bhd C N H Construction (M) Sdn Bhd

DC & A Developments Sdn Bhd C N H Construction (M) Sdn Bhd

The Court granted the Fortuna injunction because the Defendant failed to prove on the balance of probabilities that the Plaintiff breached the GSA or that the caveat prevented the Defendant from taking over or disposing of the specifically identified Plot Perdagangan; consequently the intended winding-up petition under s.466 had no real prospect of success and would cause irreparable harm to the Plaintiff.

Citation
WA-24NCC-652-11/2023 (Mahkamah Tinggi)
Parties
Plaintiff: DC & A Developments Sdn Bhd; Defendant: CNH Construction (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 April 2024
Case Number
WA-24NCC-652-11/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under Companies Act 2016 S.466 / Judgment on Application for Fortuna Injunction
Outcome
Fortuna injunction granted in favour of Plaintiff
Legal Topics
Fortuna Injunction, Winding Up Petition Under S.466, Global Settlement Agreement, Caveat Interpretation, Specific Relief Act Remedies
Source Language
Malay/English
Company Law Civil Procedure Contract Law Property Law Equity and Trusts Fortuna Injunction Winding Up Petition Under S.466 Global Settlement Agreement +2 more

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Parties

DC & A Developments Sdn Bhd

Plaintiff

CNH Construction (M) Sdn Bhd

Defendant

Procedural Posture

Originating Summons Under Companies Act 2016 S.466 / Judgment on Application for Fortuna Injunction

Legal Issues

  1. 1 Whether the Plaintiff breached the global settlement agreement (GSA)
  2. 2 Whether the Defendant was entitled to enforce prior judgments and present a winding-up petition pursuant to s.466 based on alleged breach
  3. 3 Whether the caveat lodged by a third party prevented the Defendant from taking over or disposing of the specified land

Ratio Decidendi

The Court granted the Fortuna injunction because the Defendant failed to prove on the balance of probabilities that the Plaintiff breached the GSA or that the caveat prevented the Defendant from taking over or disposing of the specifically identified Plot Perdagangan; consequently the intended winding-up petition under s.466 had no real prospect of success and would cause irreparable harm to the Plaintiff.

Court Disposition

Fortuna injunction granted in favour of Plaintiff

Orders

  • An injunction restraining the Defendant from presenting a winding-up petition pursuant to the s.466 Notice dated 8.11.2023 granted in terms of the Plaintiff's application (Enclosure 1).
  • Costs awarded to the Plaintiff.