JUDGMENT

Introduction

[1] This appeal concerns the proper procedure for applications under ss 366 and 368 of the Companies Act 2016 ("CA").

[2] The appeal arose out of the ex parte applications by the appellant under ss 366 and 368 of the CA in respect of a proposed scheme of arrangement between the company and its creditors. In the applications, the appellant sought orders from the High Court to convene a creditors' meeting, to restrain all proceedings against the appellant and subsequently to approve the compromise or arrangement agreed to by a majority at the creditors' meeting.

[3] The question at the heart of this appeal is whether the applications under ss 366 and 368 of the CA should be made ex parte or inter parte.