9 Nov 2022
KYS COLLEGE SDN BHD MBSB BANK BERHAD
- Citation
- WA-24NCC-153-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-153-03/2022 (Mahkamah Tinggi)
Because the demanded sum derived from an unsatisfied consent judgment was not set aside or stayed, it was not a bona fide disputed debt; the Respondent as judgment creditor had a statutory right to present a winding-up petition, the Applicant failed to show commercial insolvency defenses or viable alternative remedies that would make the petition an abuse of process, and COVID-19 effects did not excuse performance of the consent judgment; therefore the Fortuna injunction was refused and the OS dismissed.