21 Feb 2022
PEMPETISYEN Clinton Tan Kian Seng and Rachel Now (Pupil in Chambers) for the Petitioner [Messrs Clinton Tan] Lauren Loh Chang Woo, Nurul Hafeeza binti Mohd Zaidi and Danial Irfan bin Roslan for the Respondent [Messrs C W Loh & Associates]
- Citation
- COMPANIES WINDING UP PETITION NO. WA-28NCC-477-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- COMPANIES WINDING UP PETITION NO. WA-28NCC-477-07/2021 (Mahkamah Tinggi)
Court held on balance of probabilities that respondent failed to establish a bona fide substantial dispute over the claimed debt, the arbitration clause was permissive not obligatory, the s466 notice had been acknowledged, communications supported admission of debt, and respondent's financial statements demonstrated commercial insolvency; therefore the winding up petition was justified and costs awarded.