Malaysia Case Law: Decisions & Judgments

Topic

Statutory notice

Legal area

Court

6 Jan 2025

PEMPETISYEN PAN NATION PETRO-CHEMICAL (SINGAPORE) PTE LTD IEP INC

Citation

WA-28NCC-27-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-27-01/2024 (Mahkamah Tinggi)

The Respondent's email constituted an admission of at least USD2,000,000 such that the debt was not bona fide disputed; service at the business address did not cause substantial injustice; an arbitration clause did not bar the winding-up petition in these circumstances; therefore the petition succeeds and orders prayed for are made with costs.
1 Jul 2024

PEMPETISYEN TEE CHONG AN INTAKE HOLDINGS SDN. BHD.

Citation

AA-28NCC-92-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-28NCC-92-11/2023 (Mahkamah Tinggi)

The court found the respondent's evidence insufficient to establish duress or a conditional 'back-to-back' payment term, the respondent's solicitors' letter constituted an unequivocal admission of debt, the respondent failed to rebut the presumption of insolvency given its financial statements and failure to pay, and therefore the creditor established a prima facie case entitling the court to grant the winding-up petition under ss.464(1)(b), 465(1)(e) and 466(1)(a) of the Companies Act 2016.
21 May 2024

JKI DEVELOPMENT SDN BHD 1. ) CHANDRA VATHAN A/L KRISHMAN 2. ) VERONICA A/P GUNASEKARAN

Citation

WA-24NCC-217-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-217-05/2024 (Mahkamah Tinggi)

The Plaintiff was not entitled to the Fortuna injunction because the judgment debt was not genuinely disputed (it was crystallised by a Sessions Court judgment affirmed by the High Court) and the Plaintiff failed to demonstrate solvency; accordingly the originating summons was dismissed but the court provided a conditional injunction only if the Plaintiff paid the full judgment sum into a joint stakeholder account within 30 days.
13 Apr 2022

KUDDUS CONSTRUCTION SDN BHD HENG GUAN SOON PILING & CONSTRUCTION SDN BHD

Citation

JA-24NCvC-587-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-587-09/2021 (Mahkamah Tinggi)

The court held that where an adjudication award under CIPAA stands and has not been set aside, it can form the basis for a statutory notice and a winding up petition; a pending application to set aside the adjudication does not automatically establish a bona fide dispute sufficient to restrain the filing of a winding up petition under the Fortuna principle; the plaintiff's procedural objection to the defendant's second affidavit was unfounded. Accordingly the originating summons for injunctive relief was dismissed with costs.

Malaysia Case Law

PEMPETISYEN PAN NATION PETRO-CHEMICAL (SINGAPORE) PTE LTD IEP INC

PEMPETISYEN TEE CHONG AN INTAKE HOLDINGS SDN. BHD.

JKI DEVELOPMENT SDN BHD 1. ) CHANDRA VATHAN A/L KRISHMAN 2. ) VERONICA A/P GUNASEKARAN

KUDDUS CONSTRUCTION SDN BHD HENG GUAN SOON PILING & CONSTRUCTION SDN BHD