23 Nov 2020
Annou Xavier together with Tristan Ng Kien Han for the Applicants in Motion 702 [Messrs Azri, Lee Swee Seng & Co.]
- Citation
- POST WINDING-UP NO.: WA-28PW-702-12/2019 (in Motion 702) (Mahkamah Tinggi)
- Court
- in Motion 702
- Case number
- POST WINDING-UP NO.: WA-28PW-702-12/2019 (in Motion 702) (Mahkamah Tinggi)
The court held that multiple payments made after presentation of the winding up petition were void under s.472 CA 2016 where the payees and payor parties failed to prove the transactions were bona fide and in the ordinary course of business; certain payments were validated only to the extent supported by contemporaneous bank evidence (Mimosa payments limited to car-loan servicing shown in Mimosa bank statements; payments to Lai for property loan and workers' wages validated), misappropriation of rental collections (less deposit) was found, and the directors and alleged shadow director were li…