8 Aug 2024
The respondent failed to demonstrate good reason or special circumstances to justify a stay; the statutory notice was proved served and non-payment raised the presumption of commercial insolvency which the respondent did not rebut; accordingly the winding-up petition must be allowed and the stay application dismissed.
5 Mar 2024
The petition is allowed because the petitioner proved valid service of the statutory notice at the respondent's registered address and by photographic evidence, the respondent's denial was unsupported, and an application to set aside the adjudication decision does not constitute a bona fide dispute on substantial grounds to defeat a winding up petition; accordingly the respondent failed to pay the adjudicated sum and the winding up petition succeeds.
25 Aug 2021
The notice dated 24.2.2020 was valid despite a small interest discrepancy; the respondent failed to pay the demanded sum within 21 days and therefore was commercially insolvent because it could not meet the demand; Enclosure 28 was dismissed for unexplained delay and breach of the court's Unless Order by dealing with assets; accordingly the winding up petition was granted in terms of the Unless Order and costs awarded to the petitioner.
16 Jul 2021
The Petition was dismissed because the Sessions Court judgment on which the statutory notice and Petition relied had been set aside on appeal, meaning the Petitioner no longer qualified as a creditor under s464 and therefore lacked locus standi to maintain the winding up petition; alternatively, the Petitioner failed to prove just and equitable grounds given the audited financial statements demonstrating Respondent's solvency (net tax profit RM4,434,552; current assets exceed liabilities).