Muhammad Arief for the Respondent [Messrs Arief & Iskandar] LAIN-LAIN Sathya Kumar Das for the Petitioner [Messrs Shearn Delamore & Co]

Muhammad Arief for the Respondent [Messrs Arief & Iskandar] LAIN-LAIN Sathya Kumar Das for the Petitioner [Messrs Shearn Delamore & Co]

The court dismissed the stay application because the Respondent failed to demonstrate the requisite 'special circumstances' to justify a stay; the 27.8.2019 High Court order is final and binding and the Respondent failed to show the debt was bona fide disputed or that it is solvent, therefore the winding-up petition succeeds and an Order in Terms is granted for the petition with costs.

Citation
COMPANIES WINDING-UP NO.: WA-28NCC-285-03/2020 (Mahkamah Tinggi)
Parties
Petitioner: Wabag Muhibbah JV Sdn Bhd; Respondent: Muksyn Engineering & Services Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
COMPANIES WINDING-UP NO.: WA-28NCC-285-03/2020 (Mahkamah Tinggi)
Procedural Posture
Winding Up Petition Under the Companies Act 2016 / Decision on Winding Up Petition (enclosure 1) and Stay Application (enclosure 34)
Outcome
Winding-up petition granted; stay application dismissed.
Legal Topics
Winding Up, Stay of Proceedings, Garnishee Order, Statutory Demand, Final Judgment Precedence, Fraud/collusion
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Winding Up Stay of Proceedings Garnishee Order Statutory Demand Final Judgment Precedence +1 more

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Parties

Wabag Muhibbah JV Sdn Bhd

Petitioner

Muksyn Engineering & Services Sdn Bhd

Respondent

Procedural Posture

Winding Up Petition Under the Companies Act 2016 / Decision on Winding Up Petition (enclosure 1) and Stay Application (enclosure 34)

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of the winding-up petition pending appeal
  2. 2 Whether the debt claimed is a bona fide disputed debt preventing winding up
  3. 3 Whether the 27.8.2019 High Court order is final and binding and cannot be gone behind

Ratio Decidendi

The court dismissed the stay application because the Respondent failed to demonstrate the requisite 'special circumstances' to justify a stay; the 27.8.2019 High Court order is final and binding and the Respondent failed to show the debt was bona fide disputed or that it is solvent, therefore the winding-up petition succeeds and an Order in Terms is granted for the petition with costs.

Court Disposition

Winding-up petition granted; stay application dismissed.

Orders

  • Grant Order In Terms for Enclosure 1 prayers 12 a, b and c with costs of RM8,000
  • Dismiss Enclosure 34 (application to stay the petition) with costs of RM2,500