YONMING AUTO (WESTPORT) SDN. BHD. v WEST CONSORTIUM HAULAGE SDN. BHD.

ba-28ncc-215-03-2025 High Court (Mahkamah Tinggi) 17 August 2025 • BA-28NCC-215-03/2025

Catchwords

Respondent unable to pay its debts- sections 465(1)(e) and 466(1)(a) of the Companies Act 2016 (“CA 2016”)-whether it is just and equitable for the company to be wound up-Petitioner obtained judgment-issued a statutory notice-Respondent failed, neglected or refused to comply with the statutory demand-Respondent neither gave notice of intention to appear nor filed any affidavit in opposition to the petition-Respondent failed to attend the hearing despite proper service of the petition-the question of company’s inability to pay its debts must be considered in a commercial context-the test is not whether the company’s assets exceed its liabilities on paper-whether it is able to meet current demand as they fall due-a company that neglects to pay its debts within the prescribed period is deemed commercially insolvent, regardless of whether it possesses assets which, if realised, might enable it to discharge its liabilities in full- Respondent’s failure to settle the judgment debt despite being served with a valid statutory notice demonstrates its commercial insolvency- Respondent’s neglect to pay a clear and undisputed debt within the statutory period- its absence at the hearing- failure to file any affidavit in opposition- leaves no doubt that it is unable to meet its current financial obligations as they fall due- Petitioner has established the statutory grounds for winding up- It is therefore just and equitable that the Respondent be wound up.

Practice Areas

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

WEST CONSORTIUM HAULAGE Sdn Bhd Respondent YONMING AUTO Sdn Bhd Petitioner

Judgment

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Source: eJudgment (ba-28ncc-215-03-2025)