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HIGH COURT MALAYA KUALA LUMPUR
IBAI GOLF & COUNTRY CLUB BHD – Appellant
Versus
LAMAN KEJORA SDN BHD – Respondent
| Table of Content |
|---|
| 1. application for an injunction to restrain winding-up petition. (Para 1 , 2 , 3) |
| 2. distinction between disputed and undisputed debts in context of statutory notice. (Para 4 , 6 , 10) |
| 3. legal basis for granting or denying injunctions under the companies act. (Para 5 , 7 , 8 , 9) |
| 4. estoppel and admission of debt supported by audit confirmation. (Para 22 , 23) |
| 5. conclusion on the admission of debt and court's dismissal of the injunction. (Para 27 , 33) |
| 6. considerations in granting or denying injunctive relief based on fortuna principles. (Para 30) |
[1] This is an application by way of Originating Summons No: WA-24NCC-483-09/2018 ("OS 483") for an injunction to restrain the presentation of a winding-up petition, consequent upon the issuance of a statutory notice by the defendant (through their solicitors) dated 27 August 2018 under s 466 of the Companies Act 2016 (p 167, encl 4) ("the statutory notice") demanding payment from the plaintiff in the sum of RM246,547.00 ("the debt"). The defendant has not filed any legal action against the plaintiff in respect of the debt. As such, the defendant does not have judgment for the debt. The statutory notice reads:
"Re: 1) Your
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