6 Mar 2025
Khee San Food Industries Sdn Bhd Adam Primus Varghese Bin Abdullah
- Citation
- WA-24NCC-490-10/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-490-10/2024 (Mahkamah Tinggi)
Defendant acted as agent of the company and the invoices were addressed to the company; Defendant failed to prove personal payment or that he had been personally demanded to pay; the debts were bona fide disputed (including right to tax fees and apparent overcharging), and therefore a winding-up petition based on the statutory notice would likely fail and constitute an abuse of process; consequently a Fortuna injunction was warranted and granted with costs to the Plaintiff.