Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Leave to commence action against a wound up company
  • 7 Jul 2022

    Siti Zubaidah binti Jemadi for the Applicant [Messrs Gary Wong & Co.] Samir Zainal for the Respondent [Messrs Radzlan, Low & Partners]

    Citation
    SAMAN PEMULA NO.: WA-28PW-297-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    SAMAN PEMULA NO.: WA-28PW-297-10/2021 (Mahkamah Tinggi)

    Motion dismissed because applicant failed to adduce proof that payment was made to the company and therefore did not establish a prima facie case under s.471; the applicant had already filed a Proof of Debt so the grievance can be dealt with in the winding up proceedings.

    • Leave to commence action against a wound up company
    • Prima facie test under s.471/226(3)
    • Proof of debt procedure
    • Enforcement of sale and purchase agreement
    • Private caveat and caveat extension