Court of Appeal Rules Against Scomi Group Judicial Management Appeal

Today, the Courtroom of Attractiveness dismissed Scomi Group Bhd’s enchantment against the Significant Court docket final decision dismissing its judicial management software.

As set out earlier, the Large Court had dominated on two points when dismissing the judicial management software of Scomi Group Bhd, remaining a mentioned organization.

1st, the Superior Court docket dominated that a stated organization could not implement for judicial management. The Superior Courtroom ruled that a listed firm would tumble within the exclusion in portion 403(b) of the CA 2016: “a business which is subject to the Money Marketplaces and Providers Act 2007“.

Next, in this circumstance, a secured creditor experienced exercised its proper of veto in section 409 of the CA 2016 to object to the judicial management software. Scomi Group Bhd argued that the veto had to be interpreted narrowly and in which the phrase “secured creditor” had to continue to be read alongside one another with, basically, a secured creditor who could appoint “a receiver or receiver and manager referred to in subparagraph 408(1)(b)(ii)“.

Subsequent to the Superior Court docket selection, Scomi Group Bhd experienced obtained a Courtroom of Attractiveness interim preservation get to basically revive the judicial management moratorium.

With today’s decision, the Court docket of Enchantment, in its brief oral opinions, confirmed equally findings of the Significant Courtroom. In unique, this appellate final decision confirms that a stated business simply cannot implement for judicial administration. There are no prepared grounds of judgment but. I will update this write-up with a lengthier circumstance commentary the moment the created grounds are issued.

The Court of Charm choice also means that the interim preservation purchase safeguarding Scomi Team Bhd would have now fallen absent.