LOW JEE KEONG NEXT FORTUNE SDN. BHD.

LOW JEE KEONG NEXT FORTUNE SDN. BHD.

No special circumstances were established to justify a stay of execution; the threat of a winding-up petition does not alone meet the special circumstances threshold and the proper remedy to challenge abuse of winding-up is a Fortuna injunction; accordingly the court exercised its discretion to dismiss the stay...

Source-derived case information.

Citation
BA-22NCvC-145-04/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Low Jee Keong; Defendant: Next Fortune Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 May 2025
Case Number
BA-22NCvC-145-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil / Post Judgment: Stay Application Pending Appeal
Outcome
Application dismissed
Legal Topics
Summary Judgment, Stay of Execution, Winding Up Petition, Special Circumstances Rule, Nugatory Appeal
Civil Procedure Corporate Insolvency Contract Summary Judgment Stay of Execution Winding Up Petition Special Circumstances Rule Nugatory Appeal

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Parties

Low Jee Keong

Plaintiff

Next Fortune Sdn. Bhd.

Defendant

Procedural Posture

Civil / Post Judgment: Stay Application Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the filing or threat of a winding-up petition renders the appeal nugatory
  3. 3 Whether special circumstances exist to justify a stay

Ratio Decidendi

No special circumstances were established to justify a stay of execution; the threat of a winding-up petition does not alone meet the special circumstances threshold and the proper remedy to challenge abuse of winding-up is a Fortuna injunction; accordingly the court exercised its discretion to dismiss the stay application and ordered costs.

Court Disposition

Application dismissed

Orders

  • Application in Enclosure 33 dismissed
  • Costs of RM7,000 to be paid by the Defendant