7 Feb 2023
HEVEAFIL SDN BHD (dalam Likuidasi) EYE CONSOLIDATED SDN BHD (Dalam Likuidasi)
- Citation
- CA-24NCC-2-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CA-24NCC-2-03/2022 (Mahkamah Tinggi)
On the balance of probabilities plaintiff proved the transfers were made during the twilight period without evidence of valuable consideration and defendants failed to discharge the onus of showing they were bona fide purchasers for value and in good faith; accordingly the sale agreements and memoranda of transfer are void under s528 Companies Act 2016 read with s52 and/or s53 Bankruptcy Act 1967 and plaintiff's application is allowed.