WONG HUO SIING v HATI INTERNATIONAL SDN. BHD.

ba-28ncc-492-07-2025 High Court (Mahkamah Tinggi) 4 December 2025 • BA-28NCC-492-07/2025

Catchwords

Winding up—Inability to pay debts—Section 465(1)(e) Companies Act 2016—Statutory demand—Section 466(1)(a)—Loan and financial assistance—Whether debt bona fide disputed on substantial grounds—Balance confirmation issued by company—Effect of written acknowledgment of indebtedness—Dispute as to quantum—Whether sufficient to defeat winding-up petition—Minimum statutory threshold—Uncertainty of loan agreement—Whether essential terms proved—Repayment obligation and due date—No requirement for prior judgment before presentation of petition—Nature of winding-up proceedings—Service of statutory notice—Delivery by courier—Whether valid service—Actual receipt admitted—Presumption of inability to pay—Failure to comply within 21 days—Whether presumption rebutted—Paid-up capital insufficient to prove solvency—Absence of cashflow or financial evidence—Bare assertions inadequate—Discretion of court—No exceptional circumstances—Petition allowed—Company ordered to be wound up—Official Receiver appointed liquidator—Costs awarded out of company’s assets.

Practice Areas

Company Law Banking & Finance

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

HATI INTERNATIONAL Sdn Bhd Respondent Wong Huo Siing Petitioner

Judgment

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Read on eJudgment

Source: eJudgment (ba-28ncc-492-07-2025)