Malaysia Case Law: Decisions & Judgments

Topic

Inability to pay

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.
26 Apr 2021

Low Kin Fai and Joyce Low for the Petitioner [Messrs CY Wong, Ng & Partners] Anantha Krishna for the Respondent [Messrs Anantha Krishnan] LAIN-LAIN 1. ) Nazihah Hanis for CIMB Bhd, Supporting Creditor [Messrs Sidek Teoh Wong & Dennis] 2. )

Citation

COMPANIES (WINDING UP) NO. WA-28NCC-615-06/2019 (Mahkamah Tinggi)
Court

WINDING UP
Case number

COMPANIES (WINDING UP) NO. WA-28NCC-615-06/2019 (Mahkamah Tinggi)

On the balance of probabilities the petitioner proved the debt by tax invoices, delivery orders and contemporaneous admissions and requests for indulgence; the respondent failed to establish a bona fide dispute or illegality; failure to comply with the statutory demand triggered the presumption of inability to pay; therefore the winding up petition succeeds and joint liquidators are to be appointed.

Malaysia Case Law

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

Low Kin Fai and Joyce Low for the Petitioner [Messrs CY Wong, Ng & Partners] Anantha Krishna for the Respondent [Messrs Anantha Krishnan] LAIN-LAIN 1. ) Nazihah Hanis for CIMB Bhd, Supporting Creditor [Messrs Sidek Teoh Wong & Dennis] 2. )