3 Aug 2023
1. ) CHAN KOK SUNG 2. ) CHAN WAI KIT 1. ) ACCUPRO SDN BHD 2. ) Tan Chin Siea
- Citation
- B-02(NCC)(A)-2403-12/2022 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- B-02(NCC)(A)-2403-12/2022 (Mahkamah Rayuan)
Appeal allowed: the winding-up order could not be relitigated by the High Court where it had been set aside in reliance on a valid settlement; respondents who proposed and partially performed the settlement cannot now deny it (clean hands/estoppel); the settlement did not constitute an undue preference because payments were made by the third party as principal from its own funds and created privity; accordingly the settlement is valid, Accupro breached by default and must pay RM221,143.28 plus 8% p.a. from 01.06.2021; guarantor Tan Chin Siea jointly and severally liable; High Court orders all…