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2014 MarsdenLR 1608

HIGH COURT MALAYA SHAH ALAM
JANNACKS (M) SDN BHD – Appellant
Versus
PEYATIM BESTARI SDN BHD – Respondent


Table of Content
1. dismissal of winding-up petition due to payment failure (Para 1 , 2 , 3)
2. arguments against winding-up: solvency and compliance (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. court's discretion to grant winding-up not automatic (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25)

[1] On 23 October 2013, the Court dismissed the Petitioner's petition to wind-up the Respondent company pursuant to s 218(1)(e) of the Companies Act 1965 . The grounds of the decision are as follows.

[2] The winding-up petition is premised on the Respondent's failure to pay to the petitioner the sum of RM2,079,109.31 a s 218 Notice which was served on the Respondent on 29 October 2012.

[3] The amount in question is pursuant to a judgment dated 30 April 2009.

Respondent's Submission

[4] Learned counsel for the Respondent submitted that the Court has the discretion whether to make order for winding-up and a strong case has to be made out before the Court will grant a petition ( Kim Wah Theatre Sdn Bhd v. Fahlum Development Sdn Bhd , 1990 MarsdenLR 1509 ; Cetico Sdn Bhd v. The Tropical Veneer Co Bhd ; [1988] 2 MLJ 665b ; [1987] CLJ 511 ; Re P & J Macrae Ltd [1961] 1 All ER 302)

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