27 Feb 2026
MEGAFEST SDN BHD (DALAM LIKUIDASI) 1. ) CEMERLANG COKE INDUSTRIAL SDN BHD 2. ) SIVANANTHAM A/L MUTHU KARPAN 3. ) LIM KWEE GEE
- Citation
- J-02(NCvC)(W)-763-05/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(W)-763-05/2023 (Mahkamah Rayuan)
The Court held that claims based on void voluntary settlements are governed by a two‑year twilight under s.52 IA 1967 and liable where payments lacked valuable consideration or were not in good faith; fraudulent preference under s.53 IA 1967 requires proof of a dominant intention to prefer and cannot be established merely by effect; commercial pressure is a fact‑based defence where the dominant intention was to preserve the company as a going concern; a post‑petition payment will not be validated unless it benefits the general body of creditors or is shown to be bona fide and just and fair—ap…