YEOH THIAM SOON BADAN PENGURUSAN BERSAMA BAZAAR SENTRAL

YEOH THIAM SOON BADAN PENGURUSAN BERSAMA BAZAAR SENTRAL

Applicant failed to prove a bona fide dispute as to the debt and failed to discharge the burden to show SL Land is commercially solvent or that special circumstances exist; accordingly the court refused to terminate or stay the winding-up order and dismissed the application with costs.

Citation
NA-28PW-13-02/2024 (Mahkamah Tinggi)
Parties
Applicant / Pemohon: Yeoh Thiam Soon; Respondent / Responden: Badan Pengurusan Bersama Bazaar Sentral; Subject Company (wound Up): SL Land Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 August 2024
Case Number
NA-28PW-13-02/2024 (Mahkamah Tinggi)
Procedural Posture
Winding Up Proceedings / Post Winding Up Interlocutory Application / Application to Terminate or Stay Winding Up Order (interlocutory)
Outcome
Applicant's application to terminate or stay the winding-up dismissed.
Legal Topics
Winding Up, Stay of Winding Up, Termination of Winding Up, Statutory Demand, Judgment in Default, Bona Fide Dispute, Costs
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Winding Up Stay of Winding Up Termination of Winding Up Statutory Demand Judgment in Default +2 more

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Parties

Yeoh Thiam Soon

Applicant / Pemohon

Badan Pengurusan Bersama Bazaar Sentral

Respondent / Responden

SL Land Sdn Bhd

Subject Company (wound Up)

Procedural Posture

Winding Up Proceedings / Post Winding Up Interlocutory Application / Application to Terminate or Stay Winding Up Order (interlocutory)

Legal Issues

  1. 1 Whether the winding-up order should be terminated under s493 Companies Act 2016
  2. 2 Whether the winding-up order should be stayed under s492 Companies Act 2016
  3. 3 Whether the applicant has established a bona fide dispute as to the debt

Ratio Decidendi

Applicant failed to prove a bona fide dispute as to the debt and failed to discharge the burden to show SL Land is commercially solvent or that special circumstances exist; accordingly the court refused to terminate or stay the winding-up order and dismissed the application with costs.

Court Disposition

Applicant's application to terminate or stay the winding-up dismissed.

Orders

  • Notis Usul (Lampiran - 1) dismissed with costs.
  • Applicant to pay costs of RM2,000.00 to Respondent subject to taxation (fi alokatur).