BIFORST LOGISTICS SDN. BHD. v EUROASIA TRANSPORT COMPANY LIMITED

pa-24ncvc-1036-08-2025 High Court (Mahkamah Tinggi) 30 October 2025 • PA-24NCvC-1036-08/2025

Catchwords

Fortuna injunction - requisite conditions for the issuance of same – whether the intended winding up petition has no chance of success or is premised on a disputed claim – whether presentation of a winding up petition will cause irreparable damage to the company rather than by a more suitable alternative procedure – whether a statutory notice issued pursuant to s.466 of the Companies Act 2016 (“said s.466 Notice”) was based on a bona fide disputed debt – whether the said s.466 Notice is valid since it is premised on a valid and enforceable judgment - definition of commercial insolvency or unable to pay its debts - it is irrelevant whether the intended winding up petition will cause irreparable damage to a company when it is premised on a undisputed valid and enforceable judgment

Practice Areas

Civil Procedure Company Law

Judges (1)

Wendy Ooi Su Ghee Delivered

Parties (2)

BIFORST LOGISTICS Sdn Bhd Applicant EUROASIA TRANSPORT COMPANY LIMITED Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-24ncvc-1036-08-2025)