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2018 MarsdenLR 3229

HIGH COURT MALAYA KUALA LUMPUR
SME MAJUJAYA SDN BHD – Appellant
Versus
OON BROTHERS ELECTRICAL TRADING CO SDN BHD – Respondent


Petitioner Advocates:Wallace Wong ,Respondent Advocate: Jolyn Ch'ng

Table of Content
1. introduction to injunction application. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. arguments regarding the injuries and rights of parties. (Para 9 , 10 , 11)
3. statutory principles governing fortuna injunctions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. evaluation of the plaintiff's cross-claim. (Para 20 , 21 , 22 , 23 , 27 , 28 , 29)
5. plaintiff's claim of genuine cross-claim is insufficient. (Para 30 , 36)

[1] This is an application for an injunction filed by the plaintiff to defendant from presenting a winding-up petition under s 465 of the Act 2016 against the plaintiff. At the conclusion of the hearing, I application and highlighted the main reasons for the dismissal. These are the full reasons for my decision, which affirms the principles governing applications for Fortuna injunctions under the new Companies Act 2016 .

Key Background Facts

[2] The parties had been in a business relationship that however subsequently turned litigious. The defendant had filed a claim for payments in respect of goods sold and delivered against the plaintiff. The defendant managed to obtain a summary judgment on 30 March 2017 at the Sessions Court in Kuala Lumpur on the claim agains

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