27 Mar 2023
PEMPETISYEN SPK-SENTOSA CORPORATION BERHAD (DALAM PENGGULUNGAN) TRW BOULEVARD SQUARE SDN BHD
- Citation
- WA-28NCC-237-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28NCC-237-03/2022 (Mahkamah Tinggi)
The Petition was dismissed because the Petitioner was not a creditor of the Respondent for the purposes of presenting the winding-up petition: the Consent Judgment did not constitute an assignment in writing by the assignor as required by s 4(3) Civil Law Act 1956 and the underlying contract contained a non-assignment clause making consent a precondition, so the statutory demand was ineffective and the Petitioner lacked locus to present the petition.