PEMPETISYEN MILLION SKILLS SDN. BHD TERAS POWER ENGINEERING SDN. BHD. PIHAK YANG DIGARNIS ABDUL MALIK PERU MOHAMED

PEMPETISYEN MILLION SKILLS SDN. BHD TERAS POWER ENGINEERING SDN. BHD. PIHAK YANG DIGARNIS ABDUL MALIK PERU MOHAMED

Respondent unequivocally admitted indebtedness in correspondence, failed to satisfy the debt after proper statutory demand and did not raise a bona fide substantial dispute or rebut the presumption of inability to pay; alleged counsel conflict was unproven; therefore winding-up order was appropriate and Official Receiver appointed provisional liquidator, with costs awarded to petitioner.

Citation
JA-28NCC-64-05/2021 (Mahkamah Tinggi)
Parties
Petitioner: Million Skills Sdn Bhd; Respondent: Teras Power Engineering Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 November 2023
Case Number
JA-28NCC-64-05/2021 (Mahkamah Tinggi)
Procedural Posture
Companies Winding Up Petition Under Companies Act 2016 S465(1)(e) / Judgment Winding Up Order Granted
Outcome
Winding-up order granted against Teras Power Engineering Sdn Bhd; Official Receiver appointed as provisional liquidator; costs awarded to Petitioner.
Legal Topics
Winding Up, Statutory Demand, Inability to Pay Debts, Conflict of Interest (counsel Disqualification)
Source Language
Malay/English
Company Law Insolvency Civil Procedure Winding Up Statutory Demand Inability to Pay Debts Conflict of Interest (counsel Disqualification)

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Parties

Million Skills Sdn Bhd

Petitioner

Teras Power Engineering Sdn Bhd

Respondent

Procedural Posture

Companies Winding Up Petition Under Companies Act 2016 S465(1)(e) / Judgment Winding Up Order Granted

Legal Issues

  1. 1 Whether respondent was unable to pay its debts following service of demand under s466(1)(a) of the Companies Act 2016
  2. 2 Whether there existed a real conflict of interest warranting disqualification of petitioner's counsel

Ratio Decidendi

Respondent unequivocally admitted indebtedness in correspondence, failed to satisfy the debt after proper statutory demand and did not raise a bona fide substantial dispute or rebut the presumption of inability to pay; alleged counsel conflict was unproven; therefore winding-up order was appropriate and Official Receiver appointed provisional liquidator, with costs awarded to petitioner.

Court Disposition

Winding-up order granted against Teras Power Engineering Sdn Bhd; Official Receiver appointed as provisional liquidator; costs awarded to Petitioner.

Orders

  • Winding-up order against Teras Power Engineering Sdn Bhd
  • Official Receiver appointed as provisional liquidator of Teras Power Engineering Sdn Bhd