30 Sept 2020
TRUE FITNESS SDN BHD (DALAM LIKUIDASI) TOP SPEED HOLDING SDN BHD
- Citation
- BA-12B-110-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-110-07/2019 (Mahkamah Tinggi)
The appeal is dismissed because the Appellant failed to specifically and expressly plead undue preference or rely on the relevant provisions of the Companies Act and Winding-Up Rules in the Sessions Court; the Sessions Court proceedings were conducted as an ordinary landlord-tenancy matter and the remedy of alleged undue preference must be pursued in a separate suit where it is properly pleaded and fully tried; the liquidator is granted liberty to file a separate challenge suit and the Appellant must pay costs of RM8,000 to the Respondent.