BADAN PENGURUSAN BERSAMA ANSON APARTMENT vs CTS PROPERTIES SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 404

HIGH COURT MALAYA PULAU PINANG
BADAN PENGURUSAN BERSAMA ANSON APARTMENT – Appellant
Versus
CTS PROPERTIES SDN BHD – Respondent

Petitioner Advocates:Lee Khai ,Respondent Advocate: Jugeet Singh

Table of Content
1. winding-up petition for debt compliance. (Para 1 , 2 , 3)
2. implications of debt and service of notice for winding up. (Para 4)
3. applicable sections of companies act. (Para 5 , 6 , 7)
4. the burden of proof regarding notice receipt lies with the respondent. (Para 9)
5. discussion on service of notice. (Para 10)

[1] This Winding Up Petition is presented upon the failure/refusal of the Respondent Company to comply with the notice of demand dated 21 August 2017 issued to the Respondent Company. The debt demanded therein has been allowed in the action by the Petitioner in Georgetown Civil Suit No:52-195-03/2013 ("the said Civil Suit") against the Respondent Company.

[2] A summary judgment of RM183,332.24 together with cost of RM3,000.00 and interest was entered against the Respondent Company on 17 March 2014. An appeal was filed by the Respondent Company to the Court of Appeal against the summary judgment resulting in the appeal being dismissed with no further appeal being lodged.

[3] Thus, the debt upon which this Winding-up Petition is presented is indisputable.

Cause Papers

[4] The cause papers filed for encl 1 are as follows:

a) the Petition dated 15 November 2017;

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2019 MarsdenLR 404

HIGH COURT MALAYA PULAU PINANGBADAN PENGURUSAN BERSAMA ANSON APARTMENT – AppellantVersusCTS PROPERTIES SDN BHD – Respondent

Cases Referred (2)

HIGH COURT MALAYA PULAU PINANG
BADAN PENGURUSAN BERSAMA ANSON APARTMENT – Appellant
Versus
CTS PROPERTIES SDN BHD – Respondent