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

Fortuna injunction

Judges (1)

Wendy Ooi Su Ghee Delivered

Parties (2)

BIFORST LOGISTICS Sdn Bhd Applicant EUROASIA TRANSPORT COMPANY LIMITED Respondent

Case Significance

BIFORST LOGISTICS SDN. BHD. v EUROASIA TRANSPORT COMPANY LIMITED is a High Court (Mahkamah Tinggi) decision dated October 30, 2025 (citation: pa-24ncvc-1036-08-2025). The case was decided by Wendy Ooi Su Ghee.

What was the outcome of BIFORST LOGISTICS SDN. BHD. v EUROASIA TRANSPORT COMPANY LIMITED?

BIFORST LOGISTICS SDN. BHD. v EUROASIA TRANSPORT COMPANY LIMITED is a High Court decision dated October 30, 2025. The case was heard by Wendy Ooi Su Ghee. See the full judgment for details.