22 Aug 2022
PEMPETISYEN ENRICH MULTITRADE SDN. BHD. JEMMINGS SDN. BHD.
- Citation
- DA-28NCC-10-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-28NCC-10-03/2022 (Mahkamah Tinggi)
The statutory demand under s466 was validly served and the existence of an undisputed debt established by purchase orders and deliveries was proved; the guarantor's undertaking did not discharge the respondent's primary liability; no accord and satisfaction or binding settlement by payment from the guarantor was proved; the respondent failed to rebut the presumption of commercial insolvency after non-compliance with the statutory demand, therefore the petition for winding up succeeds.