JUDGMENT

Mohd Radzi Abdul Hamid J:

[Application For Fortuna Injunction]

Introduction

[1] The plaintiff filed an Originating Summons dated 21 January 2025 ["OS"] for a Fortuna injunction to restrain the defendant from commencing winding up proceedings based on a summary judgment obtained by the defendant on 4 September 2023 in Kuala Lumpur High Court Suit No WA-22NCC-399-06/2023 ("Suit 399").

[2] The basis for the Fortuna is that the plaintiff had appealed to the Court of Appeal on 20 September 2023 against the summary judgment. The appeal has not been heard when this OS was heard before me.

[3] The plaintiff meanwhile had applied for a stay of execution of the summary judgment at both the High Court and Court of Appeal but both applications were dismissed. [See supporting affidavit encl 2 at paragraph 18].

[4] Premised on the above facts, I dismissed the OS on 24 January 2025 as it is trite law that a summary judgment is enforceable as a judgment unless it is stayed pending appeal or set aside on appeal.

[5] The fact that there is a pending appeal does not preclude the judgment creditor ie the defendant here from presenting a winding-up petition. No Court will grant a Fortuna inj