HAMZAH BIN MOHD TAHIR v 1. ) THE RAIN MAKER MGMT SDN BHD 2. ) PERINTIS AMANAH BERHAD

wa-22ncc-543-07-2023 High Court (Mahkamah Tinggi) 12 August 2025 • WA-22NCC-543-07/2023 • 25 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

Presumption of Insolvency – "Deeming Provision" – Whether the Respondent's failure to satisfy or compound the statutory notice of demand (for RM 50,682.54) within 21 days triggered the legal presumption of inability to pay debts under Section 466(1)(a) of the Companies Act 2016 – Section 465(1)(e) CA 2016 – The statutory ground for winding up a company that is unable to pay its debts. Commercial Insolvency vs. Wealth – Whether the test for winding up is "commercial insolvency" (cash flow) rather than "balance sheet insolvency," meaning a wealthy company with non-realizable assets can still be wound up if it cannot meet current demands. Validity of Service – Whether the Petition and cause papers were validly served at the Respondent's registered address, despite the receiving party using a stamp for a different company name. Effect of Unrebutted Allegations – Whether the Respondent's failure to file an Affidavit in Opposition (as required by Rule 30 of the Winding Up Rules) rendered the Petitioner's evidence conclusive and fatal to the Respondent's case. Bona Fide Dispute of Debt – Whether a dispute over the precise amount owed is a sufficient defense when the core status of being a "creditor" for a sum exceeding the statutory limit is undisputed.

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Counsel (5)

Gan, Lee & Tan Firm Nicholas Hor & Co Firm Chua Shuhui Counsel Plaintiff Jacyn Tan Ze Xin Counsel Defendant Nicholas Hor Sien Pin Counsel Plaintiff

Parties (3)

PERINTIS AMANAH BERHAD Defendant THE RAIN MAKER MGMT Sdn Bhd Defendant Hamzah bin Mohd Tahir Plaintiff

Statutes Cited

Capital Markets and Services Act
s 357 s 370

Cases Cited (9)

UK (4)
[1939] 1 All ER 513 [1953] 1 All ER 645 [1993] 1 QB 534 [2014] UKSC 55
MY (5)
[2012] 6 MLJ 131 [2012] 7 CLJ 407 [2017] 4 CLJ 587 [2018] 10 CLJ 48 [2018] 7 CLJ 1

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-543-07-2023)