Corporate Background :
1. Syarikat A Sdn Bhd, is a Malaysian company with fully paid up capital of RM5,000,000.00 ,
having business address at No 1-2-1, 2nd Floor, Orked Square, Jalan Raja Laut, 50350 Kuala
Lumpur, and registered address at No 1-2-2, 2nd Floor, Orked Square, Jalan Raja Laut, 50350
Kuala Lumpur. They have G7 qualified contractor approved by CIDB Malaysia.
2. B ConsulTng is an audit firm situated at No 1-2-2, 2nd Floor, Orked Square, Jalan Raja Laut,
50350 Kuala Lumpur. Miss C is the managing partner of B ConsulTng, whereby she acts as
Syarikat A Sdn Bhd’s company secretary as well as company’s accountant.
3. The directors of Syarikat A Sdn Bhd are Dato’ D (NRIC 500327-10-5551) of No 7, Jalan
Nagasari, Damansara, 60000 Kuala Lumpur and Encik E (NRIC 500720-02-5351) of No 8,
Jalan Nagasari, Damansara, 60000 Kuala Lumpur, with both are having equal shares in the
company.
4. Syarikat A Sdn Bhd is having bank faciliTes of RM3,000,000 Bank Guarantee and
RM3,000,000 Overdra\ with CIMB Bank Berhad, Bukit Tunku Branch Kuala Lumpur. They
have put RM3,000,000 cash as fixed deposit since 2018 and currently used for the collateral
for the bank faciliTes. Both directors of the company are guarantors.
5. F Builders Sdn Bhd, is a Malaysian company with fully paid up capital of RM1,000,000.00 ,
having business address at No 78, 2nd Floor, Wisma Oval, Jalan Semantan, 50350 Kuala
Lumpur, and registered address at No23-6, Jalan Opera L U2/L, TTDI Jaya 40150 Shah Alam,
Selangor. They have G7 qualified contractor approved by CIDB Malaysia.
6. G Management Services is an audit firm situated at No23-6, Jalan Opera L U2/L, TTDI Jaya
40150 Shah Alam, Selangor. Encik H is the managing partner of G Management Services,
whereby he acts as F Builders Sdn Bhd’s company secretary as well as company’s
accountant.
7. The directors of F Builders Sdn Bhd are Dato’ Seri J (NRIC 500525-10-5511) of No 7, Jalan
Merdeka, Damansara, 60000 Kuala Lumpur and Encik K (NRIC 500727-04-5331) of No 8,
Jalan Merdeka, Damansara, 60000 Kuala Lumpur, with both are having equal shares in the
company.
8. F Builders Sdn Bhd is having bank faciliTes of RM1,500,000 Bank Guarantee and
RM1,500,000 Overdra\ with RHB Bank Berhad, Shah Alam Branch. They have put
RM1,500,000 cash as fixed deposit since 2017 and currently used for the collateral for the
bank faciliTes. Both directors of the company are guarantors.
9. Syarikat A Sdn Bhd awarded on 8/1/2019, a design and build project known as ‘CADANGAN
PEMBINAAN SECARA REKA DAN BINA SEBUAH KLINIK AWAM DAN PERGIGIAN UNTUK
KEMENTERIAN KESIHATAN MALAYSIA (KKM) DI KUALA KUBU BARU’ with value at
RM15,000,000.
10. F Builders Sdn Bhd has agreed to be sub-contractor with contract value of RM7,500,000.
11. Up to 30/2/2020, Syarikat A Sdn Bhd issued Claim No.001 to No.011 with total amount of
RM5,000,000 equivalents to 35% of the work done. They received RM3,900,00 from Claim
No.001 to No.007 only.
12. Up to 30/2/2020, F Builders Sdn Bhd issued Claim No.001 to No.005 with total amount of
RM2,000,000 equivalent to 30% of the work done. They received RM900,000 from Claim
No.001 to No.002 only.
13. Malaysian Government instructed all businesses to be stopped by the Movement Control
Order (MCO) started on 18/3/2020 in order to control the spreading of Covid-19 pandemic.
Starts from there, numerous problems relaTng to the construcTon maeers has arisen.
14. On 1/12/2020, CIMB’s Solicitors, FINN & Co of 2-7, Space U8, 40150 Shah Alam, Selangor
issued a leeer of demand requesTng the recall payment of RM3,000,000 with accrued
interest.
15. On 8/12/2020, RHB’s Solicitors, M.Fairuz & Partners issued a leeer of demand requesTng
the recall payment of RM1,500,000 with accrued interest.
End of Corporate Background
Question 1 :
Choose one (1) Plaintif/Petitioner. Kindly state at least 3 legal reasons and/or legal options why you
have chosen to take such actions with one (1) complete cause paper only. Your answer should be
related to the insolvency law.
Question 2 :
Choose one (1) Defendant / Respondent. Kindly state at least 3 legal reasons and/or legal options
why you have chosen to take such actions with one (1) complete cause paper only. Your answer
should be related to the insolvency law.
Instruction :
1. Email your answers to : firdaus393.unisza@gmail.com ; and,
2. Your answers should be in PDF format.
End of Questions