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2015 MarsdenLR 1917

COURT OF APPEAL PUTRAJAYA
JCT LIMITED – Appellant
Versus
MUNIANDY NADASAN & ORS AND ANOTHER APPEAL – Respondent


Table of Content
1. appeal concerns fraudulent trading under companies act. (Para 1 , 5 , 6 , 10)
2. entitlement of creditors and definitions of intent to defraud. (Para 24 , 25 , 49)

[1] This is an appeal against the decision of the High Court in which the learned judge allowed the plaintiffs/respondents' claims that certain payments channelled to the 8th defendant/appellant were fraudulent preference payments and void.

[2] We heard this appeal together with another appeal which is W-02-(NCC)(W)-1229-07-2014 ("Appeal 1229"). Both appeals emanated from the same judgment given in Suit No: 22(NCC)-68-68-01-2013.

[3] The appellant in this appeal is the 8th defendant in the aforesaid suit while the appellant in Appeal 1229 is the 1st defendant, one Dato' Prem Krishna Sahgal.

[4] After hearing the parties on 6 May 2015, we reserved judgment and we now give our decision and grounds of the same.

[5] Despite having heard the two appeals together, we see fit that separate judgments be given for each appeal as it concerns different areas of law.

Background Facts

[6] The factual matrix has been succinctly set out by my learned brother, Justice Abang Iskandar Abang Hashim JCA in his judgment for Appeal

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