15 Jan 2026
MA-29NCC-167-05/2024 (Mahkamah Tinggi)
2 Dec 2025
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.
10 Jul 2025
Debtor's application dismissed because debtor failed to dispute the amount in the bankruptcy notice within the seven-day period mandated by s.3(2)(ii) Bankruptcy Act 1967, the creditor had taken into account the relevant settlement payment (RM53,250.00) in its calculation, the correspondence was not protected by without prejudice privilege and there was no statutory obligation on the creditor to produce further documentary proof; accordingly the petition stands and the bankruptcy order is recorded.
17 Jul 2024
The Petition succeeded because the statutory notice was validly served, the 21-day period lapsed without payment, the Petitioner obtained the Registrar's Certificate evidencing compliance, and the Respondent did not oppose; accordingly the winding-up order sought was granted.
6 Sept 2022
Respondent failed to pay the undisputed judgment debt and did not file any affidavit in opposition within the mandatory period despite being duly served, therefore the petitioner established entitlement to a winding up order under the Companies Act 2016 and the court granted the petition.
1 Jan 1900
Respondent failed to provide a reasonable explanation for late notice and absence of opposing affidavit, the Court of Appeal judgment for RM219,081.10 stood unpaid after statutory demand and 21 days, and in absence of opposing evidence the petitioner's evidence established inability to pay; accordingly it is just and equitable to wind up the company.