PEMPETISYEN Siti Zubaidah binti Jemadi for the Applicant [Messrs Gary Wong & Co.] Samir Zainal for the Respondent [Messrs Radzlan, Low & Partners]

PEMPETISYEN Siti Zubaidah binti Jemadi for the Applicant [Messrs Gary Wong & Co.] Samir Zainal for the Respondent [Messrs Radzlan, Low & Partners]

Leave was refused because the applicant failed to show a prima facie case or proof that payment was made to the company; the applicant had filed a Proof of Debt indicating the claim can be dealt with in the winding up, therefore the requirements of section 471 were not satisfied.

Citation
PENGGULUNGAN SYARIKAT NO. WA-28NCC-660-10/2017 SAMAN PEMULA NO.: WA-28PW-297-10/2021 (Mahkamah Tinggi)
Parties
Respondent / Company (in Liquidation): Began Construction Sdn Bhd; Applicant / Purchaser: Ng Pueh Koon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 July 2022
Case Number
PENGGULUNGAN SYARIKAT NO. WA-28NCC-660-10/2017 SAMAN PEMULA NO.: WA-28PW-297-10/2021 (Mahkamah Tinggi)
Procedural Posture
Company Winding Up: Application for Leave to Commence Proceedings Under Section 471 Companies Act 2016 / Notice of Motion Heard and Dismissed on 14 September 2022; Applicant Filed Appeal
Outcome
Motion dismissed against the Company with no order as to costs.
Legal Topics
Leave to Commence Proceedings Under S471 Companies Act 2016, Prima Facie Case Test, Proof of Debt, Sale and Purchase Agreement, Caveat, Specific Performance
Source Language
Malay/English
Company Law Insolvency Civil Procedure Property Law Leave to Commence Proceedings Under S471 Companies Act 2016 Prima Facie Case Test Proof of Debt Sale and Purchase Agreement +2 more

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Parties

Began Construction Sdn Bhd

Respondent / Company (in Liquidation)

Ng Pueh Koon

Applicant / Purchaser

Procedural Posture

Company Winding Up: Application for Leave to Commence Proceedings Under Section 471 Companies Act 2016 / Notice of Motion Heard and Dismissed on 14 September 2022; Applicant Filed Appeal

Legal Issues

  1. 1 Whether leave under section 471 Companies Act 2016 should be granted to commence proceedings against a company in liquidation
  2. 2 Whether the applicant has established a prima facie case against the company
  3. 3 Whether there is evidence the purchase price was paid to the company

Ratio Decidendi

Leave was refused because the applicant failed to show a prima facie case or proof that payment was made to the company; the applicant had filed a Proof of Debt indicating the claim can be dealt with in the winding up, therefore the requirements of section 471 were not satisfied.

Court Disposition

Motion dismissed against the Company with no order as to costs.

Orders

  • Motion dismissed against the Company with no order as to costs.