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.