Lim Chee Wee together with Geraldine Goon for the Respondent [Messrs Lim Chee Wee Partnership) LAIN-LAIN Lee Ming Hong for the Petitioner [Messrs David Lai & Tan]

Lim Chee Wee together with Geraldine Goon for the Respondent [Messrs Lim Chee Wee Partnership) LAIN-LAIN Lee Ming Hong for the Petitioner [Messrs David Lai & Tan]

The petition was dismissed because the debt claimed was prima facie and substantially disputed on the evidence before the court, the petitioner therefore was not a creditor for the purposes of the Companies Act and the winding-up procedure was not the appropriate forum to resolve the disputed factual and legal issues; the disputes require trial and viva voce evidence.

Citation
COMPANIES WINDING-UP NO: WA-28NCC-138-01/2020 (Mahkamah Tinggi)
Parties
Petitioner: Teo Lai Hui; Respondent: Statutory Vision Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 July 2021
Case Number
COMPANIES WINDING-UP NO: WA-28NCC-138-01/2020 (Mahkamah Tinggi)
Procedural Posture
Winding Up Petition Under Companies Act 2016 / Judgment
Outcome
Petition dismissed
Legal Topics
Winding Up, Statutory Demand, Disputed Debt, Jurisdiction of Winding Up Court, Costs
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Winding Up Statutory Demand Disputed Debt Jurisdiction of Winding Up Court Costs

Case Brief

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Parties

Teo Lai Hui

Petitioner

Statutory Vision Sdn. Bhd.

Respondent

Procedural Posture

Winding Up Petition Under Companies Act 2016 / Judgment

Legal Issues

  1. 1 Whether the petitioner was a creditor within the meaning of the Companies Act 2016 given the alleged repayment and competing documentation
  2. 2 Whether a winding-up petition is the appropriate forum to resolve a bona fide substantial dispute as to the existence or repayment of the debt
  3. 3 Whether the Loan Confirmation Letter and related documents demonstrate repayment or novation of the debt and/or guarantor liability of CN-NL

Ratio Decidendi

The petition was dismissed because the debt claimed was prima facie and substantially disputed on the evidence before the court, the petitioner therefore was not a creditor for the purposes of the Companies Act and the winding-up procedure was not the appropriate forum to resolve the disputed factual and legal issues; the disputes require trial and viva voce evidence.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Costs of RM8000 awarded to Respondent