NOVASARA DEVELOPMENT SDN. BHD. v CHEN XIAO CUI

ma-24ncc-7-05-2025 High Court (Mahkamah Tinggi) 24 February 2026 • MA-24NCC-7-05/2025 • 1 min read

Catchwords

Company law – Fortuna injunction – Application to restrain presentation of winding-up petition – Quia timet relief – Section 466 Companies Act 2016 – Statutory demand – Unpaid judgment debt – Sessions Court judgment affirmed on appeal – Final and enforceable judgment – Whether winding-up petition an abuse of process – Principles governing Fortuna injunction– Bona fide dispute test – Whether judgment debt can constitute disputed debt – Court will not go behind regular judgment – Payment by cheque – Conditional payment – Dishonoured cheque – Revival of underlying debt – Bills of Exchange Act 1949 s 47 – Statutory threshold for winding-up petition – Allocation of payments by creditor – Validity of statutory notice – Indemnity costs agreed and paid – Estoppel – No genuine dispute on substantial grounds – Winding-up as legitimate enforcement mechanism – Application for injunction dismissed – Costs on indemnity basis.

Practice Areas

Company law

Judges (1)

Raja Segaran a/l S.krishnan Delivered

Parties (2)

NOVASARA DEVELOPMENT Sdn Bhd Applicant Chen Xiao Cui Respondent

Case Significance

NOVASARA DEVELOPMENT SDN. BHD. v CHEN XIAO CUI is a High Court (Mahkamah Tinggi) decision dated February 24, 2026 (citation: ma-24ncc-7-05-2025). The case was decided by Raja Segaran a/l S.krishnan.

What was the outcome of NOVASARA DEVELOPMENT SDN. BHD. v CHEN XIAO CUI?

NOVASARA DEVELOPMENT SDN. BHD. v CHEN XIAO CUI is a High Court decision dated February 24, 2026. The case was heard by Raja Segaran a/l S.krishnan. See the full judgment for details.