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Cases

MDSA RESOURCES SDN BHD v. ADRIAN SIA KOON LENG
Federal Court, Putrajaya
Abdul Rahman Sebli CJSS, Zabariah Mohd Yusof, Nordin Hassan FCJJ
[Civil Appeal No: 02(I)-65-07-2022(M)]
11 July 2023
[2023] 5 MLRA 358

JUDGMENT

Nordin Hassan FCJ:

Introduction

[1] This is an appeal against the decision of the High Court Judge of Melaka not to sanction the appellant's proposed scheme of arrangement under s 366(1) of the Companies Act 2016 ("the CA") and consequently dismiss the appellant's application for a restraining order under s 368 of the same Act. The decision of the High Court was affirmed by the Court of Appeal.

[2] Aggrieved by the decision, the appellant applied for leave to appeal to the Federal Court and this was allowed with 10 questions of law posed to this Court for determination.

[3] The questions are as follows:

Question 1

Whether the votes of related-party creditors are to be treated differently from the votes of other creditors in the same class in the scheme of arrangement.

Question 2

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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