TESMEC CONSTRUCTION SDN BHD v OPES BUILDER SDN BHD
Catchwords
Companies and corporations — Winding up — Creditor’s petition — Sections 465(1)(e) and 466(1)(a) Companies Act 2016 — Statutory notice — Failure to pay — Whether prior judgment required — Whether debt must be due and payable — Whether statutory notice constitutes proof of debt — Distinction between proof of debt and presumption of insolvency Companies and corporations — Winding up — Disputed debt — Bona fide dispute on substantial grounds — Whether dispute relates to entire sum or peripheral amount — Test for bona fide dispute — Subjective and objective elements — Whether winding-up proceedings appropriate forum — Whether petition constitutes abuse of process Companies and corporations — Winding up — Quantum dispute — Construction contract — Unfinalised billings — “Shall not exceed” clause — Whether ceiling amount constitutes admitted debt — Whether debt crystallised — Whether sum demanded in statutory notice is “sum due” Companies and corporations — Winding up — Statutory demand — Overstatement of debt — Whether notice valid if part of debt undisputed — Malaysia Air Charter Co Sdn Bhd v Petronas Dagangan Sdn Bhd [2000] 4 MLJ 657 (FC) — YPJE Consultancy Service Sdn Bhd v Heller Factoring (M) Sdn Bhd [1996] 3 CLJ 51 (CA) — Whether applicable — Distinction where dispute goes to foundation of debt Companies and corporations — Winding up — Settlement arrangement — Property contra — Sale and purchase agreement — Failure of transfer due to restriction in interest — Whether failure revives monetary debt — Whether revived debt fixed or still disputed — Whether effect of arrangement requires trial Companies and corporations — Winding up — Neglect to pay — Meaning — Effect of bona fide dispute — Whether statutory presumption of inability to pay debts arises — Whether non-payment constitutes neglect where liability disputed Companies and corporations — Winding up — Jurisdiction and discretion — Role of court — Whether court should determine disputed contractual liability — Winding-up proceedings not debt recovery mechanism — Proper remedy by civil action — Petition dismissed with costs
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-28ncc-31-09-2025)