AMBANK ISLAMIC BERHAD v IMPONOTIVE AUTO SDN. BHD.
Catchwords
Companies — Winding up — Creditor’s petition — Petition founded on unstayed judgment debt — Whether pending appeal rendered debt disputed — Whether judgment debt could support statutory demand and winding-up petition — Sections 465(1)(e), 465(1)(h) and 466(1)(a) Companies Act 2016 Companies — Winding up — Statutory demand — Presumption of inability to pay debts — Failure to pay, secure or compound debt within 21 days — Whether statutory presumption under s 466(1)(a) arose and remained unrebutted Companies — Winding up — Bona fide dispute — Distinction between disputed contractual debt and judgment debt — Whether challenges to rates, ta’widh and IIMM calculations constituted substantial dispute after entry of judgment Civil Procedure — Appeal — Effect of pending appeal on enforceability of judgment — Whether filing of appeal without stay suspended legal effect of judgment — Whether judgment remained binding and enforceable pending appeal Companies — Winding up — Winding-up court — Scope of jurisdiction — Whether winding-up court entitled to go behind subsisting judgment absent fraud, collusion or exceptional circumstances — Whether merits of judgment could be collaterally re-litigated in winding-up proceedings Companies — Winding up — Commercial insolvency — Test of solvency — Whether respondent established ability to pay debts as they fell due — Whether existence of unrealised assets sufficient to rebut presumption of insolvency Companies — Winding up — Disputed debt principles — Applicability of NKM Development, Mobikom and Josu Engineering — Whether authorities concerning unadjudicated contractual debts applicable to final judgment debt Judgments and Orders — Finality of judgments — Merger doctrine — Whether underlying contractual claim merged into judgment upon entry of judgment — Whether filing of notice of appeal restored debt to pre-judgment status Res judicata — Issue estoppel — Judgment debt — Whether respondent barred from re-litigating matters already determined in judgment proceedings Companies — Restructuring and insolvency — Judicial management — Prior dismissal of judicial management application as abuse of process — Whether absence of restructuring protection relevant to winding-up proceedings Companies — Winding up — Just and equitable winding up — Whether necessary to determine separately ground under s 465(1)(h) once inability to pay debts established under s 465(1)(e)
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-28ncc-11-04-2025)