Malaysia Case Law: Decisions & Judgments

Topic

Commercial solvency

Legal area

Court

21 Aug 2025

ENERGY EQUIPMENT TECH SDN BHD STRIKE MARINE (M) SDN BHD

Citation

WA-24NCC-611-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-611-12/2024 (Mahkamah Tinggi)

The Plaintiff failed to establish a bona fide dispute on substantial grounds because the Letter of Assurance, read in its express terms and in light of the CPA's Entire Agreement clause, did not relieve the Plaintiff of its contractual payment obligations; the Plaintiff also failed to demonstrate commercial solvency or irreparable harm. Consequently the Fortuna injunction could not be granted and the application was dismissed with costs.
21 Aug 2025

ENERGY EQUIPMENT TECH SDN BHD ARUS JAYA OIL & GAS SDN BHD

Citation

WA-24NCC-547-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-547-11/2024 (Mahkamah Tinggi)

The application is dismissed because the Plaintiff failed to establish a bona fide dispute on substantial grounds: the Letter of Assurance did not discharge Plaintiff's contractual liability and was conditional on a Notice of Assignment which Plaintiff did not give; contemporaneous auditor confirmation admitted the debt; Plaintiff failed to show solvency or irreparable harm. Therefore the Fortuna injunction was refused.
16 Jun 2023

Fauziah binti Che Ani 1. ) Pertubuhan Peladang Kebangsaan (NAFAS) 2. ) TRA Logistics Sdn. Bhd.

Citation

PA-28PW-53-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-28PW-53-11/2022 (Mahkamah Tinggi)

The application for a s.492 stay was dismissed because the applicant failed to prove special circumstances: there was no completed settlement or agreed time‑limited stay, no cogent evidence that revival would render the company commercially solvent, and the proposed settlement risked creating an undue preference to the petitioning creditor and prejudicing other unsecured and priority creditors (including tax).
16 Jan 2023

ACE HOLDINGS BERHAD LUKMAN HAKIMI BIN ABDULLAH (BERDAGANG DI BAWAH NAMA DAN GAYA LH MILLION RESOURCES) (201803248142 (002857899-H))

Citation

WA-24NCC-939-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-939-10/2022 (Mahkamah Tinggi)

The statutory demand complied with s.466(1)(a) and was valid; the Plaintiff failed to establish a bona fide dispute on substantial grounds because the contractual documents and the Plaintiff's own contemporaneous letters constituted clear admissions of the indebtedness; the Plaintiff failed to prove solvency in a manner that would justify injunctive relief; accordingly no Fortuna injunction was warranted and the Originating Summons was dismissed with costs to the Defendant.
9 Nov 2022

KYS COLLEGE SDN BHD MBSB BANK BERHAD

Citation

WA-24NCC-153-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-153-03/2022 (Mahkamah Tinggi)

Because the demanded sum derived from an unsatisfied consent judgment was not set aside or stayed, it was not a bona fide disputed debt; the Respondent as judgment creditor had a statutory right to present a winding-up petition, the Applicant failed to show commercial insolvency defenses or viable alternative remedies that would make the petition an abuse of process, and COVID-19 effects did not excuse performance of the consent judgment; therefore the Fortuna injunction was refused and the OS dismissed.
22 Oct 2020

SOLARIS ESTATES SDN BHD LAIN-LAIN PEMPETISYEN : MAT SHAH BIN SAFUAN

Citation

JA-28NCC-194-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-194-10/2018 (Mahkamah Tinggi)

The Respondent failed to prove satisfaction of the judgment debt or demonstrate commercial solvency and the conditional stay lapsed on dismissal of the appeals so the deposited documents remained stakeholder security and did not satisfy the judgment sum; therefore the requirements of s493 Companies Act 2016 for termination of the winding up were not met and the application was dismissed.

Malaysia Case Law

ENERGY EQUIPMENT TECH SDN BHD STRIKE MARINE (M) SDN BHD

ENERGY EQUIPMENT TECH SDN BHD ARUS JAYA OIL & GAS SDN BHD

Fauziah binti Che Ani 1. ) Pertubuhan Peladang Kebangsaan (NAFAS) 2. ) TRA Logistics Sdn. Bhd.

ACE HOLDINGS BERHAD LUKMAN HAKIMI BIN ABDULLAH (BERDAGANG DI BAWAH NAMA DAN GAYA LH MILLION RESOURCES) (201803248142 (002857899-H))

KYS COLLEGE SDN BHD MBSB BANK BERHAD

SOLARIS ESTATES SDN BHD LAIN-LAIN PEMPETISYEN : MAT SHAH BIN SAFUAN