Malaysia Case Law: Decisions & Judgments

Topic

Intervention by creditor

Legal area

Court

16 Oct 2023

1. ) SAPURA ENERGY BERHAD 2. ) SAPURA TMC SDN BHD 3. ) SAPURA FABRICATION SDN BHD 4. ) SAPURA OFFSHORE SDN BHD 5. ) SAPURA PINEWELL SDN BHD 6. ) SAPURA SUBSEA SERVICES SDN BHD 7. ) SAPURA PETROLEUM VENTURES SDN BHD 8. ) SAPURA DRILLING PROB

Citation

WA-24NCC-121-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-121-03/2023 (Mahkamah Tinggi)

The court dismissed Enclosure 139 because OS121 was a bona fide fresh application and not an abuse of process; OS148 had expired and its proof of debt exercise was expressly incorporated into OS121 (Annexure A paras 12–13), meaning Martin Bencher, having filed proofs of debt and not pursuing the adjudicator review, had submitted to the scheme jurisdiction and could not be excluded; therefore the exclusion application fails and costs were awarded against Martin Bencher.
30 Dec 2020

As per exchange of email dated 30th December 2020. PENCELAH As per exchange of email dated 30th December 2020.

Citation

ORIGINATING SUMMONS NO. WA-28JM-14-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

ORIGINATING SUMMONS NO. WA-28JM-14-05/2020 (Mahkamah Tinggi)

The court allowed the creditor to intervene and set aside the Judicial Management Order because the Applicant failed to make full and frank disclosure in the ex parte JM application (notably concealment of a prior judgment and surreptitious filing to avoid creditors), the intervener was the largest disclosed creditor whose claim was unchallenged and therefore could block any proposal under s.412(2), and granting the JM's requested extension would be futile; the Applicant's affidavit in reply was however deemed properly served.
11 Dec 2020

Yang Yee Luan for Best Re(L) Limited [Messrs L.Y Yang & Co] LAIN-LAIN Nahendran Navaratnam for Chubb Samangi Insurance Public Company Limited [Messrs K.H Wong & Co]

Citation

ORIGINATING SUMMONS NO: WA-28JM-22-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

ORIGINATING SUMMONS NO: WA-28JM-22-10/2020 (Mahkamah Tinggi)

An unsecured creditor may intervene and be heard in a judicial management application. The Companies Act 2016 does not expressly preclude unsecured creditors from opposing a JMO; Rule 13 of the Companies (Corporate Rescue Mechanism) Rules 2018 must be read with the Act and cannot override it. CSI was established on a balance of probabilities to be a creditor by virtue of a judgment and a registered foreign arbitral award; accordingly leave to intervene was properly granted.

Malaysia Case Law

1. ) SAPURA ENERGY BERHAD 2. ) SAPURA TMC SDN BHD 3. ) SAPURA FABRICATION SDN BHD 4. ) SAPURA OFFSHORE SDN BHD 5. ) SAPURA PINEWELL SDN BHD 6. ) SAPURA SUBSEA SERVICES SDN BHD 7. ) SAPURA PETROLEUM VENTURES SDN BHD 8. ) SAPURA DRILLING PROB

As per exchange of email dated 30th December 2020. PENCELAH As per exchange of email dated 30th December 2020.

Yang Yee Luan for Best Re(L) Limited [Messrs L.Y Yang & Co] LAIN-LAIN Nahendran Navaratnam for Chubb Samangi Insurance Public Company Limited [Messrs K.H Wong & Co]