PENS HOLDINGS SDN. BHD. HAMZAH JAAFAR (P) SDN. BHD.

PENS HOLDINGS SDN. BHD. HAMZAH JAAFAR (P) SDN. BHD.

On the evidence the court found the defendant's statement of account was not bona fide disputed on substantial grounds, the plaintiff failed to prove irreparable harm and its claimed solvency was not convincing; therefore the Fortuna injunction was refused and the originating summons in content 1 dismissed with costs of RM5,000 subject to taxation.

Citation
RA-24NCvC-66-12/2024 (Mahkamah Tinggi)
Parties
PLAINTIF: PENS HOLDINGS SDN BHD; DEFENDAN: HAMZAH JAAFAR (P) SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 November 2025
Case Number
RA-24NCvC-66-12/2024 (Mahkamah Tinggi)
Procedural Posture
Companies Act 2016 S.465/466 Fortuna Injunction Application / Interlocutory Hearing and Decision
Outcome
Originating summons in content 1 dismissed
Legal Topics
Fortuna Injunction, Statutory Demand, Winding Up Petition, Bona Fide Dispute, Solvency, Privity of Contract
Source Language
Malay/English
Companies Law Injunctions Equity Contract Law Civil Procedure Fortuna Injunction Statutory Demand Winding Up Petition +3 more

Case Brief

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Parties

PENS HOLDINGS SDN BHD

PLAINTIF

HAMZAH JAAFAR (P) SDN BHD

DEFENDAN

Procedural Posture

Companies Act 2016 S.465/466 Fortuna Injunction Application / Interlocutory Hearing and Decision

Legal Issues

  1. 1 Whether a Fortuna injunction should restrain a proposed winding-up petition
  2. 2 Whether the debt asserted in the statement of account is bona fide disputed on substantial grounds
  3. 3 Whether the plaintiff is commercially solvent and whether solvency defeats injunction

Ratio Decidendi

On the evidence the court found the defendant's statement of account was not bona fide disputed on substantial grounds, the plaintiff failed to prove irreparable harm and its claimed solvency was not convincing; therefore the Fortuna injunction was refused and the originating summons in content 1 dismissed with costs of RM5,000 subject to taxation.

Court Disposition

Originating summons in content 1 dismissed

Orders

  • Saman Pemula di Kandungan 1 ditolak dengan kos sebanyak RM5,000.00 tertakluk kepada fi alokatur