Abdul Aziz Mohamad JCA:

[1] This appeal is against a winding-up order made by the High Court against the appellant company. The winding up was sought on the ground that the appellants were unable to pay their debts for having neglected to settle a statutory demand served on them on 13 March 2004, by the respondents under s 218(2)(a) of the Companies Act 1965. The sum demanded was RM4,288,727.52 as at 15 September 2000, being, according to the petition, the amount of a final judgment obtained by the respondents on 22 August 2003. That was the date on which was dismissed the appellant's appeal to the Judicial Commissioner (as judge in chambers) against a summary judgment for that sum given by the senior assistant registrar on the respondents' application dated 12 April 2001. The appellants opposed the petition by filing an affidavit in opposition. The respondents did not reply to that affidavit. The appellants' opposition was on four grounds, on all of which the appellants failed in the High Court. The same four grounds have been raised in this appeal.

First Ground