The High Court in the case of Re Sentoria Bina Sdn Bhd (grounds of judgment dated 9 July 2021) dealt with scheme of arrangement issues. First, that a restraining order could extend to the corporate guarantor of the applicant’s company. Second, the case dealt with the principles for sanction of a scheme of arrangement.
Today was the second day of the Malaysia Insolvency Conference 2021. I had a very engaging session with my fellow speakers, Alex Chiang of Rodgers Reidy and Eddie Goh of Deloitte. The session was titled Lessons from Recent Landmark Cases. The session was a blend of practical issues and legal changes from recent court decisions.
At the session, I promised to set out a summary of the cases and legal principles I referred to. I set them out here.
My colleagues and I are speaking at this free webinar open to the public. The seminar titled The Fraud Litigator’s Toolkit is on Wednesday 14 July 2021 from 3pm to 4.30pm.
You may register here.
The Court of Appeal in Bursa Malaysia Securities Berhad v Mohd Afrizan bin Husain (grounds of judgment dated 2 July 2021) ruled that once a winding up order was made against a public listed company, Bursa Malaysia must de-list that company from the stock exchange.
The case dealt with interesting issues between the interplay of a liquidator’s role under the Companies Act and where the liquidated company is also subject to Bursa Malaysia’s Listing Requirement.
The Federal Court has granted leave to appeal against this Court of Appeal decision.
The barrister chambers of 4 New Square have obtained a persons unknown injunction against the unknown hackers who engaged in a cyber-attack on them on 12 June 2021. See this article from the UK Law Society Gazette.
The High Court in Dato’ Shun Leong Kwong & Anor v Menang Corporation (M) Bhd & Ors  MLJU 870 (grounds of judgment dated 21 May 2021) dealt with, among others, the issue of whether the company could suspend its directors. The Court also addressed issues relating to Board meetings and the requisition of the members’ meeting.