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2025 MarsdenLR 2141

HIGH COURT MALAYA KUALA LUMPUR
CHRISTINE RESORT SDN BHD – Appellant
Versus
PACHIRA ECO GARDEN ASSOCIATES SDN BHD – Respondent


Petitioner Advocates:Karen Yong,Kong Mei-Yan,Nathaniel Low ,Respondent Advocate: Shereena Gill,Mavin Rajah Vinkneswaran

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)
JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[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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