PESAKO TECHNOLOGY SDN BHD v PANZANA ENTERPRISE SDN BHD
Catchwords
COMPANY LAW & CONSTRUCTION LAW — Judicial Management — Binding effect of approved Statement of Proposal under Section 421(3) of the Companies Act 2016 (CA 2016) — Failure of creditor to file Proof of Debt — Whether the failure to file Proof of Debt bars a creditor from maintaining separate civil action in relation to construction dispute— Whether a creditor is bound by judicial management scheme despite non-participation — Interpretation of "all creditors" in Section 421(3) CA 2016 — Distinction between participation and binding effect in judicial management — Natural justice — Effect of non-compliance with filing Proof of Debt requirement — Judicial management framework and pari passu principle. CIVIL PROCEDURE — Order 14A Application — Whether the question of law is suitable for determination under O14A — Disposition of the claim under Order 14A of the Rules of Court 2012 — Whether the question resolves the entire action — Pure question of law under O14A — Applicability of O14A for statutory interpretation
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22c-62-08-2021)