PEMPETISYEN KONSORTIUM EXPRESS SDN BHD EMBITION SDN BHD PIHAK KETIGA MALAYAN BANKING BERHAD

PEMPETISYEN KONSORTIUM EXPRESS SDN BHD EMBITION SDN BHD PIHAK KETIGA MALAYAN BANKING BERHAD

Bound by the Court of Appeal in Bludream City, an adjudication decision enforced by the High Court for a CIPAA debt is undisputable for the purposes of a winding-up petition; consequently the petitioner had a statutory right (ex debito justitiae) to a winding-up order and the petition was granted.

Citation
WA-28NCC-266-03/2024 (Mahkamah Tinggi)
Parties
Petitioner: Konsortium Express Sdn Bhd; Respondent: Embition Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 November 2024
Case Number
WA-28NCC-266-03/2024 (Mahkamah Tinggi)
Procedural Posture
Companies Winding Up (insolvency) / Final Judgment — Winding Up Order Granted
Outcome
Winding up order granted against Embition Sdn Bhd
Legal Topics
CIPAA Adjudication Enforcement, Winding Up Petitions Under Companies Act 2016, Dispute of Debt Standard of Proof, Arbitration Agreement Vs Insolvency Regime, Enforcement Under Section 28 CIPAA
Source Language
Malay/English
Company Law Insolvency Construction Law Arbitration Statutory Adjudication (cipaa) CIPAA Adjudication Enforcement Winding Up Petitions Under Companies Act 2016 Dispute of Debt Standard of Proof +2 more

Case Brief

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Parties

Konsortium Express Sdn Bhd

Petitioner

Embition Sdn Bhd

Respondent

Procedural Posture

Companies Winding Up (insolvency) / Final Judgment — Winding Up Order Granted

Legal Issues

  1. 1 Whether a CIPAA adjudication decision enforced by the High Court renders the debt undisputable for purposes of a winding-up petition
  2. 2 What test applies to a disputed debt in a winding-up petition where an arbitration agreement exists (Salford Estates (No 2) v Sian Participation analysis)
  3. 3 Whether Embition was unable to pay its debts and thus liable to be wound up under s466 CA 2016

Ratio Decidendi

Bound by the Court of Appeal in Bludream City, an adjudication decision enforced by the High Court for a CIPAA debt is undisputable for the purposes of a winding-up petition; consequently the petitioner had a statutory right (ex debito justitiae) to a winding-up order and the petition was granted.

Court Disposition

Winding up order granted against Embition Sdn Bhd

Orders

  • Winding up order made against Embition Sdn Bhd pursuant to the Companies Act 2016; petition granted