PP Chin Hin Sdn Bhd Jiangsu Provincial Construction (M) Sdn Bhd

PP Chin Hin Sdn Bhd Jiangsu Provincial Construction (M) Sdn Bhd

Because the respondent failed to comply with the statutory demand and filed no affidavit in opposition, the consent judgment and affidavit verifying the petition established the debt and, absent evidence of solvency, the respondent was presumed unable to pay; accordingly the winding up petition was granted and the court appointed the proposed liquidator.

Citation
WA-28NCC-1254-11/2019 (Mahkamah Tinggi)
Parties
Petitioner: PP Chin Hin Sdn Bhd; Respondent: Jiangsu Provincial Construction (M) Sdn Bhd; Supporting Creditor: YLL Hydarulic Services Sdn Bhd; Supporting Creditor: Heng Fatt Engineering Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 February 2020
Case Number
WA-28NCC-1254-11/2019 (Mahkamah Tinggi)
Procedural Posture
Winding Up Petition Under Companies Act 2016 / Hearing and Judgment (winding Up Order Granted)
Outcome
Winding up order granted against Jiangsu Provincial Construction (M) Sdn Bhd
Legal Topics
Statutory Demand, Winding Up, Consent Judgment, Appointment of Liquidator
Source Language
Malay/English
Corporate Law Insolvency Civil Procedure Statutory Demand Winding Up Consent Judgment Appointment of Liquidator

Case Brief

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Parties

PP Chin Hin Sdn Bhd

Petitioner

Jiangsu Provincial Construction (M) Sdn Bhd

Respondent

YLL Hydarulic Services Sdn Bhd

Supporting Creditor

Heng Fatt Engineering Sdn Bhd

Supporting Creditor

Procedural Posture

Winding Up Petition Under Companies Act 2016 / Hearing and Judgment (winding Up Order Granted)

Legal Issues

  1. 1 Whether statutory demand was complied with
  2. 2 Whether respondent is insolvent and presumed unable to pay debts
  3. 3 Whether consent judgment constitutes sufficient evidence of debt in absence of opposing affidavit

Ratio Decidendi

Because the respondent failed to comply with the statutory demand and filed no affidavit in opposition, the consent judgment and affidavit verifying the petition established the debt and, absent evidence of solvency, the respondent was presumed unable to pay; accordingly the winding up petition was granted and the court appointed the proposed liquidator.

Court Disposition

Winding up order granted against Jiangsu Provincial Construction (M) Sdn Bhd

Orders

  • Winding up order in terms of the petition granted against the Respondent
  • Chong Chuan Long of the firm CL Chong appointed as Liquidator in terms of supporting creditor's Form of Summons (Enclosure 12)