AKIFF ENERGY RESOURCES SDN. BHD. v SAM MOON ENGINEERING (M) SDN. BHD.
2 cases cited
(0 SG, 2 foreign)
Catchwords
COMPANY LAW: Winding up — Petition — Inability to pay debts — Statutory notice of demand — Failure to comply with notice — Statutory presumption of insolvency — Whether debt genuinely disputed on substantial grounds — Companies Act 2016, ss. 465(1)(e) & 466 — Disputed debt — Bona fide dispute — Test applicable — Whether dispute is genuine or a "crafty device" to frustrate a creditor — Burden of proof on the Respondent — Companies Act 2016 EVIDENCE: Admission—Acknowledgment of debt—Respondent issued letters expressly acknowledging the outstanding sum—Clear and unequivocal admissions—Effect of acknowledgments on the existence of a bona fide dispute CONTRACT: Privity of contract — Debt for labour supply — Respondent seeking to reduce debt based on deductions imposed by a third-party main contractor — Whether disputes between Respondent and third party affect liability to Petitioner — Application of doctrine of privity CIVIL PROCEDURE: Winding up—Mode of commencement—Respondent's contention that Petitioner should have commenced a writ action — Whether a writ action is necessary where debt is acknowledged and no credible dispute exist
Judges (1)
Statutes Cited
Companies Act 2016 (Cap 777)
Cases Cited (2)
MY (2)
[2012] 6 MLJ 817 [2022] 1 MLJ 570
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-28ncc-68-04-2025)