PEMPETISYEN MAR'S PARAGON RESOURCES SDN BHD LMS TECHNOLOGY DISTRIBUTIONS SDN BHD

PEMPETISYEN MAR'S PARAGON RESOURCES SDN BHD LMS TECHNOLOGY DISTRIBUTIONS SDN BHD

Respondent failed to comply with a valid statutory demand based on an existing judgment debt, which gave rise to a presumption of insolvency that the respondent did not rebut with independent evidence; accordingly the winding up petition was allowed.

Citation
WA-28NCC-480-05/2025 (Mahkamah Tinggi)
Parties
PETITIONER: MAR'S PARAGON RESOURCES SDN BHD; RESPONDENT: LMS TECHNOLOGY DISTRIBUTIONS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 October 2025
Case Number
WA-28NCC-480-05/2025 (Mahkamah Tinggi)
Procedural Posture
Companies (winding Up) / Judgment
Outcome
Winding up petition allowed
Legal Topics
Winding Up, Statutory Demand, Judgment Debt, Insolvency Presumption, Summary Judgment
Source Language
Malay/English
Company Law Insolvency Law Commercial Law Winding Up Statutory Demand Judgment Debt Insolvency Presumption Summary Judgment

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Parties

MAR'S PARAGON RESOURCES SDN BHD

PETITIONER

LMS TECHNOLOGY DISTRIBUTIONS SDN BHD

RESPONDENT

Procedural Posture

Companies (winding Up) / Judgment

Legal Issues

  1. 1 Whether failure to comply with statutory demand establishes presumption of insolvency under Companies Act 2016
  2. 2 Whether the respondent has rebutted the presumption of inability to pay debts
  3. 3 Whether a winding up order is appropriate where a judgment debt remains unpaid

Ratio Decidendi

Respondent failed to comply with a valid statutory demand based on an existing judgment debt, which gave rise to a presumption of insolvency that the respondent did not rebut with independent evidence; accordingly the winding up petition was allowed.

Court Disposition

Winding up petition allowed

Orders

  • Winding up petition allowed; respondent to be wound up pursuant to the Companies Act 2016
  • Costs fixed at RM 6,000.00 subject to payment of allocator