Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 466 statutory demand

Legal area

Court

22 Sept 2021

ATM Development Sdn Bhd Pembinaan Melima (M) Sdn Bhd

Citation

WA-24NCC-375-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-375-09/2021 (Mahkamah Tinggi)

Because the Defendant held an enforceable adjudication decision and consequent High Court judgments which were neither stayed nor set aside, the debt was not bona fide disputed; issuance of the s466 statutory notice was not an abuse of process and the Fortuna injunction was refused, therefore the interlocutory applications were dismissed with costs.
8 Mar 2021

Abdullah Az-Zaubayr bin Awaluddin for the Applicant [Messrs Zulpadli & Edham] LAIN-LAIN 1. ) Emily Lim Yien Li for the Petitioner [Messrs Chooi & Co + Cheang & Ariff] 2. ) Cynthia Liaw Tze Feng for the Liquidator [Messrs Kee Sern, Siu & Hue

Citation

POST WINDING-UP NO: WA-28PW-354-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING-UP NO: WA-28PW-354-05/2019 (Mahkamah Tinggi)

The Court held the Court of Appeal only varied and did not set aside the underlying judgment; there remains an unpaid indebtedness (RM17,322,425.01) above the statutory threshold and the Applicant failed to prove satisfaction of debt or solvency; accordingly the section 493 application to terminate the Winding Up Order is dismissed and the Winding Up Order remains in force.