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HIGH COURT MALAYA KUALA LUMPUR
SAHERAN SUHENDRAN, JC
VYNN VENTURE SDN BHD – Appellant
Versus
WIDAD BUSINESS GROUP SDN BHD – Respondent
| Table of Content |
|---|
| 1. deprecation of striking-out applications in winding-up proceedings to prevent delay. (Para 1 , 2 , 3 , 4) |
| 2. unequivocal acknowledgement of debt as an admission of liability. (Para 6 , 7 , 8 , 20 , 21 , 22 , 23 , 27) |
| 3. statutory presumption of insolvency upon failure to satisfy a valid demand. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. winding-up is not execution; 'without prejudice' rules do not apply to direct acknowledgements. (Para 16 , 17 , 18 , 19 , 24 , 25 , 26) |
| 5. solvency is no excuse for refusing to pay an admitted debt. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
JUDGMENT
[1] These Grounds concern a Notice of Appeal to the Court of Appeal (encl 64) dated 15 December 2025 from a winding up order I made against the respondent pursuant to encl 1 as amended to encl 48 ("encl 1/48").
[2] Enclosure 1/48 was filed by the petitioner on the basis that the respondent failed to pay RM12,450,000.00 being the total sum due and owing by the respondent to the petitioner.
[3] The respondent also filed encl 7 to strike out encl 1/48.
[4] On numerous occasions I have stated, following the Court of Appeal in Maril-Rionebel (M) Sdn Bhd & Anor v. Perdana Merch
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