CHING CHEE KONG (NRIC NO.: 571204-01-6212) ....PETITIONER PROSMIER CONSTRUCTION SDN BHD (COMPANY NO.: 598398-X)

CHING CHEE KONG (NRIC NO.: 571204-01-6212) ....PETITIONER PROSMIER CONSTRUCTION SDN BHD (COMPANY NO.: 598398-X)

The court accepted the respondent's written admission (letter and statement of account) that RM146,750 was outstanding and found no bona fide dispute on substantial grounds or prima facie evidence to the contrary; the jurat/translation objection failed because the petitioner was conversant in Malay and translation...

Source-derived case information.

Citation
JA-28NCC-218-09/2019 (Mahkamah Tinggi)
Parties
Petitioner: Ching Chee Kong; Respondent: Prosmier Construction Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2020
Case Number
JA-28NCC-218-09/2019 (Mahkamah Tinggi)
Procedural Posture
Winding Up Petition Under Companies Act 2016 / Judgment (final)
Outcome
Petition allowed
Legal Topics
Winding Up, Statutory Demand, Just and Equitable Winding Up, Bona Fide Dispute of Debt, Jurat and Affidavit Formalities
Company Law Insolvency Civil Procedure Evidence Law Winding Up Statutory Demand Just and Equitable Winding Up Bona Fide Dispute of Debt +1 more

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Parties

Ching Chee Kong

Petitioner

Prosmier Construction Sdn Bhd

Respondent

Procedural Posture

Winding Up Petition Under Companies Act 2016 / Judgment (final)

Legal Issues

  1. 1 Whether the debt of RM146,750 is admitted and not bona fide disputed
  2. 2 Whether affidavits affirmed in Malay with translator jurat defects are fatal
  3. 3 Whether the respondent's counterclaim defeats the statutory demand or petition

Ratio Decidendi

The court accepted the respondent's written admission (letter and statement of account) that RM146,750 was outstanding and found no bona fide dispute on substantial grounds or prima facie evidence to the contrary; the jurat/translation objection failed because the petitioner was conversant in Malay and translation for technical terms was permissible; the respondent's counterclaim lacked prima facie substance to defeat the petition; accordingly the winding-up petition was allowed and costs awarded.

Court Disposition

Petition allowed

Orders

  • Winding-up order made against Prosmier Construction Sdn Bhd
  • Costs to the Petitioner