The High Court in Re Top Builders Capital Berhad and others (No. 2) [2022] MLJU 1 (grounds of judgment dated 5 January 2022) has set out several important points for the sanction of a scheme of arrangement. Some of these issues have been decided for the first time under Malaysia law.
We look back at the year 2021 and with a countdown of the top 5 most-read articles on The Malaysian Lawyer this year. We look forward to having our readers continue to frequent this blog in the year 2022.
Our guest writer, Nathalie Ker, writes on the top 5 restructuring and insolvency cases in 2021.
We continue the Top 5 cases series with the top five restructuring and insolvency cases in Malaysia for the year 2021. You can also read last year’s 2020 edition.
This year’s cases cover schemes of arrangement, judicial management and winding up.
On 16 December 2021, Scomi Group Berhad (Scomi) made a stock exchange announcement that the Court of Appeal granted an interim preservation order to prevent legal proceedings against Scomi. In effect, Scomi seems to have obtained a moratorium against all legal proceedings despite the dismissal of its earlier judicial management application. There are some interesting issues that arise from this development. Continue reading
The Singapore Court of Appeal in AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2021] SGCA 112 dealt with an important and novel area of winding up law. If a winding up order is subsequently reversed or set aside, who should pay for all the winding up expenses, including the liquidator’s fees?
While this is a Singapore decision, it would be persuasive in Malaysia as our laws are similar. The aim of this update is to focus on this key issue and set out the takeaway points to apply in a Malaysian context.
The Court of Appeal in Kumpulan Liziz Sdn Bjd (in liquidation) v Pembinaan Azam Jaya Sdn Bhd (grounds of judgment dated 25 November 2021) ruled that the judicial management moratorium will extend to restraining any advertisement or gazetting of a winding up petition.
