Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 465(1)(e)

Legal area

Court

28 Oct 2022

PEMPETISYEN PIONEER MILLION TECH SDN BHD NEOVEST SDN.BHD

Citation

WA-28NCC-239-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-239-03/2022 (Mahkamah Tinggi)

The court found the respondent produced no credible evidence of solvency and that the allegations of forgery or duress were unsubstantiated, tardy and inconsistent (police reports lodged after service, undated WhatsApp); accordingly the presumption of commercial insolvency was not rebutted and an order for winding up was granted under ss.465(1)(e) and 466(1)(a) Companies Act 2016.
23 Aug 2022

PEMPETISYEN KAWASAN PILIHAN SDN BHD CRECOM BURJ GROUP SDN BHD

Citation

WA-28NCC-124-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-124-02/2022 (Mahkamah Tinggi)

Because a statutory demand for RM239,318.22 was issued and not complied with, the respondent did not file an affidavit in opposition and failed to settle within the court‑granted time, the court properly exercised its discretion to make an Order In Terms to wind up the respondent and awarded costs.