PEMPETISYEN PETRONAS LUBRICANTS MARKETING (MALAYSIA) SDN BHD RIGAZ SDN BHD

PEMPETISYEN PETRONAS LUBRICANTS MARKETING (MALAYSIA) SDN BHD RIGAZ SDN BHD

Respondent's failure to pay the judgment sum after service of a statutory notice created a rebuttable presumption of commercial insolvency which the respondent failed to rebut; the statutory demand sum was properly calculated and any inexactness does not defeat the petition; accordingly the winding up petition must be allowed.

Citation
WA-28NCC-1104-10/2023 (Mahkamah Tinggi)
Parties
PETITIONER: Petronas Lubricants Marketing (Malaysia) Sdn Bhd; RESPONDENT: Rigaz Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 July 2024
Case Number
WA-28NCC-1104-10/2023 (Mahkamah Tinggi)
Procedural Posture
Companies (winding Up) / Judgment on Winding Up Petition
Outcome
Petition allowed; winding up order made against the respondent.
Legal Topics
Statutory Demand, Commercial Insolvency, Winding Up Petition, Presumption of Insolvency, Judgment Debt
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Statutory Demand Commercial Insolvency Winding Up Petition Presumption of Insolvency Judgment Debt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Petronas Lubricants Marketing (Malaysia) Sdn Bhd

PETITIONER

Rigaz Sdn Bhd

RESPONDENT

Procedural Posture

Companies (winding Up) / Judgment on Winding Up Petition

Legal Issues

  1. 1 Whether failure to comply with a statutory demand triggers a rebuttable presumption of insolvency
  2. 2 Whether the respondent rebutted the presumption of commercial (cash‑flow) insolvency
  3. 3 Whether the amount in the statutory demand was a definite and conclusive sum

Ratio Decidendi

Respondent's failure to pay the judgment sum after service of a statutory notice created a rebuttable presumption of commercial insolvency which the respondent failed to rebut; the statutory demand sum was properly calculated and any inexactness does not defeat the petition; accordingly the winding up petition must be allowed.

Court Disposition

Petition allowed; winding up order made against the respondent.

Orders

  • Winding up order made against Rigaz Sdn Bhd
  • Orders prayed for in the Petition are made