JUDGMENT

Wong Hok Chong JC:

Introduction

[1] The protagonist in this suit were the Petitioner and Ms Foong Wai Fong ("Foong"). They were both shareholders/contributories and creditors of the Respondent company.

[2] The Petitioner issued a statutory demand to the Respondent for repayment of for a loan that was due and owing. When the demand was not satisfied within the 21-day period, the Respondent was deemed insolvent and the Petitioner proceeded to petition to wind-up the Respondent pursuant to ss 465 and 466 Companies Act 2016 (Encl 1).

[3] The Respondent themselves did not resist the Petition. In other words, the Respondent were deemed to have admitted to the debt and the propriety of the statutory demand and the Petition.

[4] Foong, however, appeared to oppose the Petition. It was unclear from the 'Notice of Intention to Appear' in what capacity she was appearing to oppose the Petition. She had omitted to state her capacity in the said form as was required. She subsequently submitted that was appearing in the 3 capacities - creditor, contributory and director.

[5] Foong's ground for opposing the Petition was premised primarily on the validity of the debt. She says that the alleged deb