6 Feb 2025
MARTIN BENCHER (MALAYSIA) SDN. BHD. 1. ) SAPURA ENERGY BERHAD 2. ) SAPURA FABRICATION SDN BHD 3. ) SAPURA OFFSHORE SDN BHD
- Citation
- W-02(IM)(NCC)-1879-11/2023 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCC)-1879-11/2023 (Mahkamah Rayuan)
The appeal was dismissed because the Court held OS 121 was a valid fresh application that became effective after OS 148 expired and did not amount to multiplicity or abuse; the Companies Act did not prohibit consecutive fresh convening and restraining applications; the appellant’s proofs of debt were filed on the basis that the debts accrued prior to the 31 January 2022 cut‑off so the subsequent Settlement Agreement did not exclude the appellant; filing proofs of debt constituted submission to the scheme jurisdiction which survives to immediately succeeding proceedings in a single continuous…