Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Cut-off date
  • 7 Jun 2022

    PRESTARIANG SKIN SDN BHD

    Citation
    WA-24NCC-373-08/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCC-373-08/2020 (Mahkamah Tinggi)

    The Scheme's Explanatory Statement expressly limited 'Scheme Creditors' to those creditors of PSKIN as at the Cut-Off date of 30 June 2020; Unique Central only became a creditor by virtue of judgment on 11 March 2022 which is after the Cut-Off date; PSKIN had treated Unique Central as not a creditor, did not invite it to the scheme meeting, and later entered settlement terms acknowledging the Scheme did not bind Unique Central — therefore Unique Central is not a Scheme Creditor as defined and the application to declare otherwise is dismissed; ambiguities in the Explanatory Statement are resol…