31 Mar 2021
Anantha Krishnan for the Respondent [Messrs Anantha Krishnan] LAIN-LAIN Nicolas Ooi and Natalie Ooi for the Petitioner [Messrs Ooi & Ooi]
- Citation
- COMPANIES WINDING UP NO. WA-28NCC-303-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- COMPANIES WINDING UP NO. WA-28NCC-303-03/2020 (Mahkamah Tinggi)
The petition was allowed because the petitioner had obtained a court order enforcing the CIPAA adjudication decision under s28, making the debt a court order and not a disputed debt; pending appeals do not render such a court order disputed nor automatically stay execution; the respondent's alleged cross-claim was unserved and unsupported and therefore insufficient to rebut the petition; the Companies (Exemption) (No.2) Order 2020 did not apply to the statutory demand and petition dates; respondent failed to rebut the presumption of insolvency.