20 Feb 2023
ASPEN GLOVE SDN BHD JR ENGINEERING AND MEDICAL TECHNOLOGIES (M) SDN BHD PENCELAH DICADANGKAN Jabatan Insolvensi Malaysia
- Citation
- BA-24NCC-118-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCC-118-12/2022 (Mahkamah Tinggi)
The court allowed the Plaintiff's originating summons and set aside the Defendant's interim injunction because there exists a bona fide substantial dispute as to the RM22,363,243.07 that raises issues to be tried in the substantive writ (SAHC NCvC1); the dispute and contractual forfeiture/set-off issues require full trial, the Defendant failed to establish that damages would be inadequate or that the petition was likely to succeed, and allegations of risk of dissipation were speculative; therefore the statutory notice under s466(1)(a) was declared void for present purposes and the Defendant r…