Alliance Bank Malaysia Berhad v Hasil Laut Tanjung (M) Sdn. Bhd.
Catchwords
COMPANIES — Winding up — Creditor’s petition — Inability to pay debts — Statutory demand — Unsatisfied judgment debt — Whether company deemed unable to pay its debts — Test of commercial or cash-flow solvency, not balance-sheet solvency — Presumption of insolvency unrebutted — Companies Act 2016, ss 465(1)(e) and 466(1)(a). COMPANIES — Winding up — Advertisement of petition — Mandatory requirement protective of persons not before the court — Proof of due advertisement — Cut-and-paste newspaper clippings beneath superscribed dates — Impossible publication date sworn in supporting affidavit and memorandum — Whether due advertisement proved — Companies (Winding-Up) Rules 1972, rr 24 and 192(4). COMPANIES — Winding up — Amended petition — Gazetting and advertisement preceding the amendment — Whether amended petition duly gazetted and advertised — Absence of gazetting of amended petition — Companies (Winding-Up) Rules 1972, r 24(a). COMPANIES — Winding up — Registrar’s Certificate — Role and effect — Whether conclusive — Certificate under r 32(1) not conclusive and may be gone behind where issued otherwise than upon due compliance — Conclusive only where nothing indicates defect — Independent duty of court — Companies (Winding-Up) Rules 1972, r 32(1) — Juasa Holdings Sdn Bhd & Ors v Arah Pendidikan Sdn Bhd [2017] 1 LNS 1206. COMPANIES — Winding up — Formal defect — Whether want of due advertisement a formal irregularity capable of being overlooked — Defect of substance affecting non-parties — Companies (Winding-Up) Rules 1972, r 194. COMPANIES — Winding up — Disposition — Petition dismissed notwithstanding inability to pay debts — Dismissal without prejudice to a fresh petition and to the judgment debt.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-28ncc-9-03-2026)