8 Jun 2022
PEMPETISYEN Clinton Tan Kian Seng for the Petitioner [Messrs Clinton Tan] Zulkepli Omar for the Respondent [Messrs Lainah Yaacob & Zulkepli]
- Citation
- WA-28NCC-895-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28NCC-895-12/2021 (Mahkamah Tinggi)
The court held that the unstamped Settlement Agreement remained enforceable; the Petitioner proved non‑payment of RM86,257.42 and entitlement to RM326,945 for equipment/materials on balance of probabilities; non‑compliance with the statutory demand raised the presumption of inability to pay which Respondent failed to rebut by evidence of solvency or a bona fide substantiated dispute, therefore a winding up order was warranted and granted with costs RM10,000.