Malaysia Case Law: Decisions & Judgments

Topic

Cross-claim

Legal area

Court

2 Dec 2025

PEMPETISYEN YHL PROPERTY SDN BHD SILVERON BUILDERS SDN BHD PIHAK TERKILAN Chee Kam Fatt

Citation

JA-28NCC-15-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-15-01/2025 (Mahkamah Tinggi)

The statutory presumption of inability to pay arose on non-compliance with the statutory demand and was not rebutted because the Respondent’s own audited financial statements evidenced commercial insolvency; the judgment debt was final and unstayed so not bona fide disputed; any cross-claim should be pursued by a liquidator; the petition was not an abuse or premature and the Johor court had jurisdiction — therefore a winding-up order and appointment of the Director-General of Insolvency were justified.
3 Nov 2025

PEMPETISYEN IVMI SDN BHD KTL SDN. BHD.

Citation

WA-28NCC-544-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-544-05/2025 (Mahkamah Tinggi)

The respondent failed to demonstrate a genuine dispute on substantial grounds: the purported cross-claim was raised belatedly without cogent contemporaneous evidence and lacked bona fides; the challenge to the interest claim did not eliminate the principal debt which exceeded the statutory threshold; the respondent failed to rebut the presumption of insolvency arising from non-compliance with the statutory demand; consequently the winding-up order and appointment of the Official Receiver were properly granted and costs awarded.
17 Oct 2025

PERUSAHAAN OTOMOBIL NASIONAL SDN BHD VICTORIOUS STEP SDN BHD

Citation

BA-24NCC-82-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-82-08/2025 (Mahkamah Tinggi)

Court granted the Fortuna injunction because the defendant's claim was bona fide disputed on substantial grounds, parties were engaged in negotiations with verification processes ongoing, plaintiff had deposited the claimed sum into solicitor's client account and showed real risk of irreparable harm from a winding-up petition; therefore presentation of a winding-up petition was an inappropriate forum and had no real chance of success in the circumstances.
6 Aug 2024

TERA VA SDN. BHD. AYAM BINTANG ISTIMEWA SDN. BHD.

Citation

B-02(C)(A)-1948-11/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(A)-1948-11/2023 (Mahkamah Rayuan)

The Court dismissed both appeals: TVA failed to prove fraud or denial of natural justice under s15 CIPAA so the adjudication decision stands; ABI was entitled to raise a cross-claim in response but a cross-claim may only reduce or zeroise the claimant's claim and cannot exceed it to make the respondent a substantive claimant; although the adjudicator awarded a net sum in favour of the respondent exceeding the claimant's claim (which would be excess of jurisdiction), that ground was not pleaded and therefore the appeals were dismissed with costs to ABI.
3 Sept 2021

PRPC UTILITIES AND FACILITIES SDN BHD [No. Pendaftaran: 201301028729 (1058559-W)] 1. PBJV GROUP SDN BHD [No.Pendaftaran: 200001021929 (524536-A)] 2. MACFEAM SDN BHD [No.Pendaftaran: 199701020275 (435772-U)]

Citation

WA-24NCC-113-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-113-03/2021 (Mahkamah Tinggi)

Where an arbitration agreement exists and arbitration proceedings are on foot the applicant need only show a prima facie dispute that the debt falls within the arbitration clause (lower threshold prima facie test); applying that test the Plaintiff showed the debt under the statutory demand was prima facie and substantially disputed (and had a cross-claim far exceeding the demand) and would suffer irreparable harm from presentation of a winding up petition; accordingly the Originating Summons and interim injunction were allowed and the Defendants restrained from proceeding with a winding up pe…

Malaysia Case Law

PEMPETISYEN YHL PROPERTY SDN BHD SILVERON BUILDERS SDN BHD PIHAK TERKILAN Chee Kam Fatt

PEMPETISYEN IVMI SDN BHD KTL SDN. BHD.

PERUSAHAAN OTOMOBIL NASIONAL SDN BHD VICTORIOUS STEP SDN BHD

TERA VA SDN. BHD. AYAM BINTANG ISTIMEWA SDN. BHD.

PRPC UTILITIES AND FACILITIES SDN BHD [No. Pendaftaran: 201301028729 (1058559-W)] 1. PBJV GROUP SDN BHD [No.Pendaftaran: 200001021929 (524536-A)] 2. MACFEAM SDN BHD [No.Pendaftaran: 199701020275 (435772-U)]