- Court
- High Court of Malaysia
- Decision date
- 26 Feb 2026
- Case number
- WA-28VA-2-11/2020
- Coram
- YA Tuan Suhendran Sockanathan
- Practice area
- Company law – Corporate voluntary arrangement – Challenge to creditors’ meeting – Sections 396, 397, 399 and 400 Companies Act 2016 – Proposal for restructuring scheme – Appointment of nominee and supervisor – Convening of creditors’ meeting – Requirement to give notice to creditors – Whether notice properly served by certificate of posting and email – Whether actual receipt of notice necessary – Compliance with court-ordered mode of service – Validity of creditors’ meeting – Whether approval of CVA proposal binding on all creditors – Whether failure of service prejudiced right to participate and vote – Delay in challenging CVA – Whether application to set aside filed after inordinate delay – Whether court should unravel completed or ongoing restructuring – Whether challenge rendered academic – Whether outcome would differ if intervening creditor voted – Proof of debt process – Right to inspect proof of debts – Whether failure to challenge related party debts material – Principles governing setting aside of creditors’ meeting – Whether conduct of intervening creditor amounts to acquiescence – Whether interests of creditors and finality of restructuring outweigh procedural complaints
- Version
- Alasan Penghakiman 1
- Published
- 13 Apr 2026
- Source ID
- adc8a830-45fc-4659-ae8d-f7100b046014