Malaysia Case Law: Decisions & Judgments

Topic

Statutory demand (s466)

Legal area

Court

15 Jul 2025

PEMPETISYEN CATERPILLAR FINANCIAL SERVICES MALAYSIA SDN BHD CHENGALJATI SDN BHD

Citation

DA-28NCC-31-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-28NCC-31-10/2024 (Mahkamah Tinggi)

Petitioner held a final judgment that was not satisfied; a valid statutory demand under s465(1)(e) and s466(1)(a) was served and remained uncomplied with for over 21 days; respondent failed to rebut the resulting presumption of inability to pay and failed to prove solvency; consequently the winding-up petition was properly allowed.
8 Feb 2024

Z&Z BINA SDN BHD CONCREWALL BUILDINGS SYSTEM (IBS) SDN BHD

Citation

WA-24NCC-686-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-686-12/2023 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden of proving the Judgment had been set aside on appeal; the returned appeal deposit was inconclusive and could indicate withdrawal; the Defendant had obtained leave to execute the Judgment by writ of seizure and sale and the Plaintiff did not challenge enforcement; accordingly the Plaintiff did not meet the criteria for a Fortuna injunction and both applications were dismissed with costs.
10 May 2023

TECHNYGROUP HOLDINGS (M) SDN. BHD. KIDE INTERNATIONAL SDN. BHD.

Citation

BA-24NCC-41-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-41-04/2023 (Mahkamah Tinggi)

The court found plaintiff proved irreparable harm but failed to establish that the respondent had no chance of success because the statutory demand relied on CIPAA adjudication awards and the plaintiff's own communications constituted an acknowledgment/proposal to settle; accordingly the ex parte Fortuna injunction was set aside and the substantive originating summons dismissed with costs.
10 May 2023

PEMPETISYEN RHB BANK BERHAD LEGION PUBLIC RELATIONS SDN BHD

Citation

WA-28NCC-458-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-458-06/2022 (Mahkamah Tinggi)

The Court found the consent judgment binding, the statutory notice was delivered, the claimed sum was sufficiently particularised, and the Respondent failed to rebut the presumption of commercial insolvency after service of the s466 notice; therefore the winding-up petition succeeds.
21 Jan 2020

GOLDEN AFFINITY DEVELOPMENT SDN. BHD. (IN LIQUIDATION) 1. LIM YOK WAH (I/C NO: 470214-08-5537) 2. LIM BOON KANG (I/C NO: 730911-14-5273) 3. SEE KOK SENG (I/C NO: 730511-10-5707) 4. LEW HAW HANN (I/C NO: 731001-10-6325) 5. ES ENG SOON HOLDIN

Citation

WA-22NCC-472-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-472-08/2019 (Mahkamah Tinggi)

Court refused leave to intervene because the Proposed Intervener, as an unsecured creditor, failed to show intervention was necessary and its intervention would materially risk frustrating a bona fide, evidenced scheme of arrangement under s366 which served wider public and creditor interests; balancing of interests favoured allowing the scheme to proceed and upholding the restraining order rather than permitting the winding up to continue.

Malaysia Case Law

PEMPETISYEN CATERPILLAR FINANCIAL SERVICES MALAYSIA SDN BHD CHENGALJATI SDN BHD

Z&Z BINA SDN BHD CONCREWALL BUILDINGS SYSTEM (IBS) SDN BHD

TECHNYGROUP HOLDINGS (M) SDN. BHD. KIDE INTERNATIONAL SDN. BHD.

PEMPETISYEN RHB BANK BERHAD LEGION PUBLIC RELATIONS SDN BHD

GOLDEN AFFINITY DEVELOPMENT SDN. BHD. (IN LIQUIDATION) 1. LIM YOK WAH (I/C NO: 470214-08-5537) 2. LIM BOON KANG (I/C NO: 730911-14-5273) 3. SEE KOK SENG (I/C NO: 730511-10-5707) 4. LEW HAW HANN (I/C NO: 731001-10-6325) 5. ES ENG SOON HOLDIN