AMBANK ISLAMIC BERHAD v WS RENT-A-CAR SDN. BHD.

wa-28ncc-249-03-2024 High Court (Mahkamah Tinggi) 12 June 2025 • WA-28NCC-249-03/2024 • 24 min read
17 cases cited (0 SG, 17 foreign)

Catchwords

Company Law — Winding up — Petition to wind up company based on unsatisfied judgment debt — Judgment in default entered against Respondent — Statutory notice issued under section 466(1)(a) Companies Act 2016 — Failure to pay within 21 days — Whether presumption of insolvency applies — No application to set aside judgment — Whether part payments sufficient to rebut presumption — Companies Act 2016, ss. 465(1)(e), 466(1)(a) Insolvency — Presumption of insolvency — Whether Respondent able to rebut presumption of insolvency — No audited financial statements produced — Failure to show solvency through credible evidence — Commercial insolvency test applied — Insolvency remains unrebutted — Company ordered to be wound up Civil Procedure — Abuse of process — Application to strike out winding-up petition — Allegation of settlement agreement — No acceptance of settlement proposal by Respondent — Whether winding-up petition amounts to abuse of process — Principles on bona fide dispute and abuse of winding-up jurisdiction considered and applied

Practice Areas

Company Law Civil Procedure

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Counsel (4)

B H Gan Nor & Kim Firm Cheah Law Chambers Firm Ahmad Danial Bin Yusoff Counsel Petitioner Cheah Tien Eu Counsel Respondent

Parties (2)

AMBANK ISLAMIC BERHAD Petitioner WS RENT-A-CAR Sdn Bhd Respondent

Case Significance

AMBANK ISLAMIC BERHAD v WS RENT-A-CAR SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated June 12, 2025 (citation: wa-28ncc-249-03-2024). The case was decided by Mohd Arief Emran bin Arifin.

What was the outcome of AMBANK ISLAMIC BERHAD v WS RENT-A-CAR SDN. BHD.?

AMBANK ISLAMIC BERHAD v WS RENT-A-CAR SDN. BHD. is a High Court decision dated June 12, 2025. The case was heard by Mohd Arief Emran bin Arifin. See the full judgment for details.

Statutes Cited

Companies Act 2016 (Cap 777)
s 465
Rules of Court 2012

Cases Cited (17)

UK (3)
[1972] 2 All ER 385 [1974] 2 All ER 683 [1986] 1 WLR 114
MY (14)
[1991] 1 CLJ 260 [1991] 1 MLJ 95 [1992] 1 CLJ 637 [1999] 5 CLJ 145 [2000] 4 CLJ 437 [2000] 6 CLJ 290 [2001] 3 CLJ 248 [2010] 8 CLJ 775 [2011] 1 CLJ 947 [2012] 6 MLJ 817 [2018] 7 CLJ 303 [2019] 5 CLJ 695 [2022] 6 MLJ 810 [2025] 2 MLJ 744

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-28ncc-249-03-2024)