8 Sept 2020
Daniel Siew for the Petitioner [Messrs Lee Kuang Mang & Co.] Mohd Faiz Bad Rahim for the Respondent [Messrs Rastam Singa & Co.]
- Citation
- COMPANIES (WINDING UP) NO. WA-28NCC-141-01/2020 (Mahkamah Tinggi)
- Court
- WINDING UP
- Case number
- COMPANIES (WINDING UP) NO. WA-28NCC-141-01/2020 (Mahkamah Tinggi)
The statutory demand was validly issued and served; the High Court order of 11.7.2019 expressly ordered immediate payment of the sum and was not appealed or set aside and therefore binding; non-payment of a valid statutory demand creates a presumption of inability to pay; the Respondent failed to rebut that presumption or establish a bona fide dispute preventing enforcement of the demand; therefore the winding up petition succeeds and a winding up order is appropriate.