WFC DEVELOPMENT SDN BHD (No. Syarikat: 161414-A) AMBER MEMORY SDN BHD (No. Syarikat: 1049712-M)

WFC DEVELOPMENT SDN BHD (No. Syarikat: 161414-A) AMBER MEMORY SDN BHD (No. Syarikat: 1049712-M)

The Fortuna injunction is granted because the alleged overpayments are bona fide disputed on the face of the record, the matters should be resolved in civil proceedings and not by winding-up notices, the doctrine of res judicata applies to bar relitigation, and issuance of the notices would cause irreparable...

Source-derived case information.

Citation
JA-24NCC-28-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff: WFC Development Sdn Bhd; Defendant: Amber Memory Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 June 2020
Case Number
JA-24NCC-28-09/2019 (Mahkamah Tinggi)
Procedural Posture
Originating Summons for Fortuna Injunction Under Section 466 Companies Act 2016 / Interlocutory Application Heard on Originating Summons (granted)
Outcome
Application allowed; Fortuna injunction granted; costs awarded to plaintiff.
Legal Topics
Fortuna Injunction, Winding Up Notices, Abuse of Process, Res Judicata (cause/issue Estoppel), Section 466 Companies Act, Order 29 Rules of Court 2012, Section 51 Specific Relief Act 1950
Company Law Civil Procedure Injunctions Res Judicata Equitable Relief Fortuna Injunction Winding Up Notices Abuse of Process +4 more

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Parties

WFC Development Sdn Bhd

Plaintiff

Amber Memory Sdn Bhd

Defendant

Procedural Posture

Originating Summons for Fortuna Injunction Under Section 466 Companies Act 2016 / Interlocutory Application Heard on Originating Summons (granted)

Legal Issues

  1. 1 Which sum claimed is correct (competing overpayment figures)
  2. 2 Whether res judicata (cause/issue estoppel) applies
  3. 3 Whether the winding-up notices amount to an abuse of the court's process and warrant a Fortuna injunction

Ratio Decidendi

The Fortuna injunction is granted because the alleged overpayments are bona fide disputed on the face of the record, the matters should be resolved in civil proceedings and not by winding-up notices, the doctrine of res judicata applies to bar relitigation, and issuance of the notices would cause irreparable commercial harm amounting to an abuse of process and therefore must be restrained.

Court Disposition

Application allowed; Fortuna injunction granted; costs awarded to plaintiff.

Orders

  • A Fortuna injunction is granted restraining the defendant from presenting or proceeding with any winding-up petition or notice under section 466 Companies Act 2016 in respect of the disputed sums and Lots 1861 and 1862.
  • Costs awarded to the plaintiff (taxes to be assessed if not agreed).