December 4, 2023

Tullio Corradini

Trusted Legal Source

Court of Appeal Rules Against Scomi Group Judicial Management Appeal

Court of Appeal Rules Against Scomi Group Judicial Management Appeal

Court of Appeal Rules Against Scomi Group Judicial Management Appeal

Now, the Courtroom of Appeal dismissed Scomi Group Bhd’s attraction in opposition to the Higher Court docket conclusion dismissing its judicial administration software.

As established out before, the Superior Courtroom had dominated on two points when dismissing the judicial management application of Scomi Team Bhd, being a mentioned business.

To start with, the High Court dominated that a detailed enterprise could not utilize for judicial administration. The Large Courtroom dominated that a detailed enterprise would drop within just the exclusion in section 403(b) of the CA 2016: “a organization which is topic to the Money Marketplaces and Services Act 2007“.

2nd, in this case, a secured creditor had exercised its proper of veto in part 409 of the CA 2016 to item to the judicial management application. Scomi Group Bhd argued that the veto had to be interpreted narrowly and where the phrase “secured creditor” experienced to however be study with each other with, effectively, a secured creditor who could appoint “a receiver or receiver and supervisor referred to in subparagraph 408(1)(b)(ii)“.

Subsequent to the Superior Court determination, Scomi Team Bhd had received a Courtroom of Enchantment interim preservation purchase to primarily revive the judicial administration moratorium.

With today’s final decision, the Court of Charm, in its quick oral feedback, verified the two conclusions of the Large Court docket. In specific, this appellate final decision confirms that a stated enterprise can not apply for judicial administration. There are no penned grounds of judgment however. I will update this write-up with a lengthier scenario commentary as soon as the published grounds are issued.

The Court docket of Charm determination also indicates that the interim preservation order protecting Scomi Team Bhd would have now fallen away.