27 Jun 2022
PEMPETISYEN Lim Shuk Kim for the Petitioner [MessrsTan Chuan Yong & S.M Chan] Andrew Fernandez for the Respondent [Messrs Chooi & Company + Cheang & Ariff]
- Citation
- WA-28NCC-163-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28NCC-163-02/2022 (Mahkamah Tinggi)
The petition was dismissed because the petitioner failed to make a prima facie case of inability to pay under s465(1)(e): available financial evidence (assets, valuations, OR report, independent solvency review) prima facie showed sufficient assets to meet liabilities; the debt was genuinely disputed by ongoing SIAC arbitration such that the adjudication decision may be overridden; the just and equitable ground was not pleaded with particulars; the petitioner did not stand outside the winding up notwithstanding a prior proof of debt. Consequently the petition was obviously unsustainable and s…