Back
HIGH COURT MALAYA SHAH ALAM
PUJIAN DEVELOPMENT SDN BHD – Appellant
Versus
THEAN JUN THYE & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks fortuna injunction against winding-up petition. (Para 1 , 2 , 3 , 4) |
| 2. background and developments of the case's legal proceedings. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. plaintiff's arguments disputing defendants' claims. (Para 17 , 18 , 19 , 20) |
| 4. defendants assert validity of their debt claims. (Para 21 , 22 , 23) |
| 5. principles governing fortuna injunction established. (Para 25 , 26) |
| 6. criteria for granting fortuna injunction explained. (Para 27 , 28 , 30) |
| 7. court evaluates the plaintiff's contention of solvency. (Para 31 , 32 , 38 , 39) |
| 8. court establishes disputed vs undisputed debt key issue. (Para 40 , 44 , 45 , 49 , 52 , 54 , 56) |
| 9. court’s final ruling on the fortuna injunction application. (Para 58 , 59) |
Introduction
[1] The Plaintiff in its Originating Summons sought a Fortuna Injunction to restrain the Defendants from presenting a winding up petition against it.
[2] This Court allowed the Plaintiff's application and the Defendants have filed an appeal against that decision.
The Pertinent Issues
[3] The principal issue for determination is whether the Plaintiff is entitled to the relief sought.
[4] Ari
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
