PEMPETISYEN Umi Khairunnisa binti Mohd Soffian Lee, Federal Counsel for the Petitioner/Kerajaan Malaysia [Lembaga Hasil Dalam Negeri, Cyberjaya] Dato Vignesh Kumar and Nurul Aime binti Azwan for the Respondent [Messrs Balendran Chong]

PEMPETISYEN Umi Khairunnisa binti Mohd Soffian Lee, Federal Counsel for the Petitioner/Kerajaan Malaysia [Lembaga Hasil Dalam Negeri, Cyberjaya] Dato Vignesh Kumar and Nurul Aime binti Azwan for the Respondent [Messrs Balendran Chong]

The Respondent failed to pay the sum demanded within 21 days and did not discharge the onus of proving ability to pay; alleged future receivables from JKR do not amount to present funds to meet debts; the judgment relied upon is final and the statutory demand effective; accordingly the Respondent is deemed unable to pay and the winding up petition succeeds.

Citation
PENGGULUNGAN SYARIKAT NO. WA-28NCC-269-04/2021 (Mahkamah Tinggi)
Parties
Petitioner: Kerajaan Malaysia; Respondent: Mulia Interlink Construction Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 March 2022
Case Number
PENGGULUNGAN SYARIKAT NO. WA-28NCC-269-04/2021 (Mahkamah Tinggi)
Procedural Posture
Winding Up Petition Under Companies Act 2016 (section 466(1)(e)) / Judgment and Winding Up Order (grounds of Judgment)
Outcome
Winding up order granted against Mulia Interlink Construction Sdn Bhd; Petition allowed
Legal Topics
Winding Up, Statutory Demand, Commercial Insolvency, Service of Judgment, Public Interest in Procurement Contracts
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Winding Up Statutory Demand Commercial Insolvency Service of Judgment Public Interest in Procurement Contracts

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Parties

Kerajaan Malaysia

Petitioner

Mulia Interlink Construction Sdn Bhd

Respondent

Procedural Posture

Winding Up Petition Under Companies Act 2016 (section 466(1)(e)) / Judgment and Winding Up Order (grounds of Judgment)

Legal Issues

  1. 1 Whether the Respondent is deemed unable to pay its debts under section 466(1)(a) of the Companies Act 2016
  2. 2 Validity and effect of the statutory demand and underlying judgment
  3. 3 Whether the petition was premature for failure to exhaust other remedies

Ratio Decidendi

The Respondent failed to pay the sum demanded within 21 days and did not discharge the onus of proving ability to pay; alleged future receivables from JKR do not amount to present funds to meet debts; the judgment relied upon is final and the statutory demand effective; accordingly the Respondent is deemed unable to pay and the winding up petition succeeds.

Court Disposition

Winding up order granted against Mulia Interlink Construction Sdn Bhd; Petition allowed

Orders

  • Winding up order made against Mulia Interlink Construction Sdn Bhd
  • Costs awarded to Petitioner in the sum of RM5,000