Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statutory demand (s466 companies act 2016)

Legal area

Court

16 Jul 2020

YENG YING SDN BHD (NO. SYARIKAT : 816023-V) OLW CONTRUCTION AND TRADING SDN BHD (NO. SYARIKAT : 1238203-T)

Citation

C-02(C)(A)-1686-09/2019 (Mahkamah Rayuan)
Court

C
Case number

C-02(C)(A)-1686-09/2019 (Mahkamah Rayuan)

The Court of Appeal found the existence and amount of the claimed debt were genuinely disputed on the affidavits and exhibits before the court and that the appellant established it would suffer irreparable harm if a winding-up petition were presented; the High Court erred by accepting partial evidence and failing to apply the Fortuna two-limb test correctly, therefore the appeal was allowed and injunctive relief warranted.
6 Feb 2020

BHL GEMILANG SDN. BHD. PENCELAH TETUAN DENNIS NIK & WONG

Citation

WA-24NCC-500-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-500-09/2019 (Mahkamah Tinggi)

Leave to intervene and to proceed with the winding up petition was refused because the Proposed Intervener, an unsecured creditor, failed to show that intervention should displace a bona fide, viable scheme under s366; allowing the intervention would disrupt and likely frustrate the proposed rescue of the development and prejudice a large class of purchasers and public interest, thereby justifying the exercise of the court's discretion to dismiss the application.