PERUSAHAAN OTOMOBIL NASIONAL SDN BHD v U.C.M. AUTOMOTIVE SYSTEMS SDN BHD

ba-24ncc-87-07-2024 High Court (Mahkamah Tinggi) 9 February 2025 • BA-24NCC-87-07/2024 • 13 min read
15 cases cited (0 SG, 15 foreign)

Catchwords

Application for Fortuna Injunction - whether filing a winding-up petition against Proton would inevitably cause irreparable harm and damage to Proton - On the outstanding invoices claimed are disputed - interest on late payment was disputed - tthere was part payment made after filing of this OS - this court find that there was no bona fide dispute on substantial grounds of the debt, but merely refusal to pay - Proton had failed to satisfy this Court that the intended winding-up petition had no real chance of success - Application was dismissed.

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (7)

Kriishand G Krishnan Firm Shearn Delamore & Co. Firm Ching Hao Yan Counsel Plaintiff Hee Hui Ting Counsel Plaintiff Kriishand G Krishnan Counsel Defendant Muhammad Thaqif Rusyaidi bin Tarmizi Counsel Defendant S.Y. Liew Counsel Plaintiff

Parties (2)

PERUSAHAAN OTOMOBIL NASIONAL Sdn Bhd Applicant U.C.M. AUTOMOTIVE SYSTEMS Sdn Bhd Respondent

Case Significance

PERUSAHAAN OTOMOBIL NASIONAL SDN BHD v U.C.M. AUTOMOTIVE SYSTEMS SDN BHD is a High Court (Mahkamah Tinggi) decision dated February 9, 2025 (citation: ba-24ncc-87-07-2024). The case was decided by Noor Hayati binti Haji Mat.

What was the outcome of PERUSAHAAN OTOMOBIL NASIONAL SDN BHD v U.C.M. AUTOMOTIVE SYSTEMS SDN BHD?

PERUSAHAAN OTOMOBIL NASIONAL SDN BHD v U.C.M. AUTOMOTIVE SYSTEMS SDN BHD is a High Court decision dated February 9, 2025. The case was heard by Noor Hayati binti Haji Mat. See the full judgment for details.

Statutes Cited

Companies Act
s 466(1)
Companies Act 2016 (Cap 777)
Rules of Court 2012

Cases Cited (15)

UK (1)
[1986] 1 WLR 114
MY (14)
[1984] 2 MLRH 239 [1986] 1 MLJ 177 [1991] 1 MLJ 95 [1995] 3 MLJ 331 [1996] 1 MLJ 233 [2000] 4 MLJ 657 [2007] 2 CLJ 305 [2007] 3 MLJ 316 [2011] 1 CLJ 947 [2014] 8 MLJ 528 [2017] MLJU 906 [2019] 12 MLJ 354 [2019] 12 MLJ 446 [2022] MLJU 2238

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-24ncc-87-07-2024)