19 Aug 2021
1. ) LAI FEE 2. ) LAI YING HAUR 1. ) WONG YU VEE 2. ) LIEW FOO KIAT 3. ) MICHAEL ADRIAN REYES
- Citation
- B-02(NCvC)(W)-930-08/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-930-08/2020 (Mahkamah Rayuan)
The Court of Appeal upheld the High Court's factual findings that the Appellants failed to prove, on the balance of probabilities, that the Respondents carried on Centennial’s business with intent to defraud creditors; the part-payment by Westhill constituted valid third-party consideration and did not prove fraudulent design; alleged misrepresentations did not establish fraudulent intent to refuse payment but supported a commercial decision; therefore the s540 claim failed and the appeal was dismissed.