26 Aug 2019
AFFIN BANK BERHAD (FORMERLY KNOWN AS PERWIRA AFFIN BANK BERHAD) ABU BAKAR BIN ISMAIL
- Citation
- NO:03(f)-05-10/2017 (W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- NO:03(f)-05-10/2017 (W) (Mahkamah Persekutuan)
Solvency under s6(3) read with s105(1) BA 1967 must be assessed at the time of the creditor's petition/AORO by the commercial test of ability to pay debts as they become due; subsequent events (including a later foreign judgment or assessment) are not material to whether the AORO ought to have been made, and the Court of Appeal erred in annulling the AORO based on post-AORO events.