MARTIN BENCHER (MALAYSIA) SDN. BHD. v 1. ) SAPURA ENERGY BERHAD 2. ) SAPURA FABRICATION SDN BHD 3. ) SAPURA OFFSHORE SDN BHD
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Case Significance
MARTIN BENCHER (MALAYSIA) SDN. BHD. v 1. ) SAPURA ENERGY BERHAD 2. ) SAPURA F... is a Court of Appeal (Mahkamah Rayuan) decision dated February 5, 2025 (citation: w-02imncc-1879-11-2023). <p>Martin Bencher (Malaysia) Sdn Bhd, a shipping and freight services creditor, appealed against the dismissal of its application to be excluded from a proposed scheme of arrangement by Sapura Energy Berhad and 23 related companies, arguing the scheme process was an abuse of process and its debts fell outside the cut-off date. The Court of Appeal unanimously dismissed the appeal, finding that consecutive scheme applications did not constitute multiplicity of proceedings and that the creditor had The panel comprised Faizah binti Jamaludin, Mohd Nazlan bin Mohd Ghazali and See Mee Chun, with Mohd Nazlan bin Mohd Ghazali delivering the judgment.
Summary
Martin Bencher (Malaysia) Sdn Bhd, a shipping and freight services creditor, appealed against the dismissal of its application to be excluded from a proposed scheme of arrangement by Sapura Energy Berhad and 23 related companies, arguing the scheme process was an abuse of process and its debts fell outside the cut-off date. The Court of Appeal unanimously dismissed the appeal, finding that consecutive scheme applications did not constitute multiplicity of proceedings and that the creditor had voluntarily submitted to the scheme's jurisdiction by filing proofs of debt.
What was the outcome of MARTIN BENCHER (MALAYSIA) SDN. BHD. v 1. ) SAPURA ENERGY BERHAD 2. ) SAPURA F...?
<p>Martin Bencher (Malaysia) Sdn Bhd, a shipping and freight services creditor, appealed against the dismissal of its application to be excluded from ...