24 Sept 2025
FOONG LI TRADING SDN BHD OCR PROPERTIES (KUANTAN) SDN BHD
- Citation
- BA-24C-27-05/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-27-05/2025 (Mahkamah Tinggi)
SA2 was void ab initio because Kencana was in liquidation at the time and its directors lacked authority to bind the company; Plaintiff proved the 1st, 2nd and 4th Conditions under s.30 CIPAA and the evidential burden shifted to the Defendant which failed to prove there was no money due or payable to Kencana; Defendant also failed to comply with s.30(2) CIPAA thereby weakening its defence. Accordingly the application for direct payment under s.30 CIPAA is allowed and costs awarded to the Plaintiff.