FUJIFILM BUSINESS INNOVATION ASIA PACIFIC PTE. LTD. (formerly known as Fuji Xerox Asia Pacific Pte. Ltd.) v STARHUB HOLDINGS SDN. BHD.

wa-28ncc-581-06-2025 High Court (Mahkamah Tinggi) 3 August 2025 • WA-28NCC-581-06/2025 • 11 min read

5 cases cited (0 SG, 5 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 (4)

Skrine Firm The Chambers of Waran Firm Darren Conrad Bartolome Counsel Petitioner R. Vigneswaran Counsel Respondent

Parties (2)

FUJIFILM Business Innovation Asia Pacific Pte. Ltd Petitioner STARHUB HOLDINGS Sdn Bhd Respondent

Statutes Cited

Companies Act 2016 (Cap 777)

Cases Cited (5)

MY (5)

[1992] 1 CLJ 637 [1999] 5 CLJ 145 [2001] 3 CLJ 248 [2011] 1 CLJ 947 [2019] 5 CLJ 695

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-28ncc-581-06-2025)