HIGH COURT MALAYA KUALA LUMPUR
CHRISTINE RESORT SDN BHD – Appellant
Versus
PACHIRA ECO GARDEN ASSOCIATES SDN BHD – Respondent
| Table of Content |
|---|
| 1. sme engagement under lmas. (Para 2 , 3 , 4 , 11 , 12) |
| 2. arguments for granting a fortuna injunction. (Para 16 , 17 , 19 , 20) |
| 3. existence of bona fide dispute on debt. (Para 25 , 27 , 28 , 32 , 39) |
| 4. commercial insolvency as per legal standards. (Para 48 , 50 , 53 , 54) |
| 5. dismissing the application for lack of dispute. (Para 57) |
[1] Before the court is an application for a Fortuna injunction to restrain the presentation of a winding-up petition, arising from statutory notices issued pursuant to ss 465(1)(e) and 466(1)(a) of the Companies Act 2016 for alleged unpaid landscape maintenance services rendered after the expiry of a written contract. The plaintiff, a subsidiary of a publicly listed company operating a hotel business, contends there is a bona fide dispute over the alleged debt as there was no valid contract after the written agreement expired, the scope and performance of works are disputed, and the presentation of a winding-up petition would cause irreparable damage to its business and reputation. The defendant argues there is no substantial dispute as services continued to be provided and accepted under an oral con
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