3 Oct 2023
CEKAP AIR SDN. BHD. SERBA DINAMIK SDN. BHD (Dalam Likuidasi)
- Citation
- WA-28PW-262-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28PW-262-06/2023 (Mahkamah Tinggi)
The Court found substantial bona fide disputes of fact and law regarding the existence, quantum and assignment of the debt and the authenticity/contents of competing novation documents; because those disputes require trial evidence and cross-examination, allowing the Respondent to present a winding-up petition based on the statutory notice would be an abuse of process and cause irreparable harm, therefore a Fortuna injunction is granted.