Malaysia Case Law: Decisions & Judgments

Topic

Solvency test

Legal area

Court

15 Apr 2022

NG PAK MUI 1. ) TAY MARY 2. ) TAN TIANG EE 3. ) TAN TIANG KEE 4. ) TAN TIANG JOK 5. ) TAN YUK CHING 6. ) TAN NAI LOON 7. ) DESAMINIUM JAYA SDN BHD

Citation

WA-24NCC-558-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-558-11/2020 (Mahkamah Tinggi)

The application for leave was dismissed because the plaintiff failed to satisfy the strict s348 threshold: there was insufficient evidence of an honest belief with reasonable prospect of success based on substantial grounds; expert reports relied upon were limited and inconclusive; the application was infected by collateral purposes (related probate and repayment litigation, and attempts to obtain company records and change board composition); and granting leave would not be prima facie in the company's best interest as it would force the company to adopt positions adverse to its ongoing liti…
21 Feb 2022

PEMPETISYEN Clinton Tan Kian Seng and Rachel Now (Pupil in Chambers) for the Petitioner [Messrs Clinton Tan] Lauren Loh Chang Woo, Nurul Hafeeza binti Mohd Zaidi and Danial Irfan bin Roslan for the Respondent [Messrs C W Loh & Associates]

Citation

COMPANIES WINDING UP PETITION NO. WA-28NCC-477-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

COMPANIES WINDING UP PETITION NO. WA-28NCC-477-07/2021 (Mahkamah Tinggi)

Court held on balance of probabilities that respondent failed to establish a bona fide substantial dispute over the claimed debt, the arbitration clause was permissive not obligatory, the s466 notice had been acknowledged, communications supported admission of debt, and respondent's financial statements demonstrated commercial insolvency; therefore the winding up petition was justified and costs awarded.

Malaysia Case Law

NG PAK MUI 1. ) TAY MARY 2. ) TAN TIANG EE 3. ) TAN TIANG KEE 4. ) TAN TIANG JOK 5. ) TAN YUK CHING 6. ) TAN NAI LOON 7. ) DESAMINIUM JAYA SDN BHD

PEMPETISYEN Clinton Tan Kian Seng and Rachel Now (Pupil in Chambers) for the Petitioner [Messrs Clinton Tan] Lauren Loh Chang Woo, Nurul Hafeeza binti Mohd Zaidi and Danial Irfan bin Roslan for the Respondent [Messrs C W Loh & Associates]