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HIGH COURT MALAYA PULAU PINANG
PERTUBUHAN PELADANG KEBANGSAAN (NAFAS) – Appellant
Versus
TRA LOGISTICS SDN BHD; FAUZIAH CHE ANI (CONTRIBUTOR) – Respondent
| Table of Content |
|---|
| 1. application for stay of winding up order. (Para 1 , 2 , 3) |
| 2. winding up petition details and statutory provisions. (Para 5 , 6 , 7 , 8 , 9) |
| 3. requirements for stay order under s 492. (Para 10 , 11 , 12) |
| 4. issues raised by the applicant. (Para 13 , 14 , 15) |
| 5. criteria for granting a stay order. (Para 16 , 17 , 18) |
| 6. assessment of special circumstances for stay. (Para 19 , 20 , 21 , 22 , 23) |
| 7. consideration of undue preference to creditors. (Para 24 , 25 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 8. commercial morality and public interest in stay application. (Para 34 , 35 , 36 , 37) |
| 9. conclusion and dismissal of the application. (Para 38 , 39 , 40) |
Prelusion
[1] The Respondent company was wound up under a Petition filed by the Petitioner.
[2] The Applicant (who is a contributory of the Respondent company) applies to stay the winding up Order.
[3] The grounds proffered for the stay are that:
(1) there is an agreement between the Applicant (on behalf of the Respondent company) and the Petitioner, to settle the judgment debt owed to the Petitioner;
(2) a stay of the liquidation process is very important (amat penting) for the Applicant and the Petitioner to fin
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