6 Mar 2024
BLUDREAM CITY DEVELOPMENT SDN BHD PEMBINAAN BINA BUMI SDN BHD
- Citation
- B-02(NCC)(A)-2145-11/2022 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- B-02(NCC)(A)-2145-11/2022 (Mahkamah Rayuan)
The Court of Appeal held that a creditor may lawfully present a winding-up petition based on an adjudication decision that has been enforced as a court judgment under CIPAA; once enforcement is ordered and attempts to set aside or stay are dismissed the adjudicated debt is not disputable in winding-up proceedings, the Appellant failed to rebut the presumption of insolvency, and the winding-up order was properly made and therefore affirmed.