APPLICATION FOR RECOGNITION PURSUANT TO PART 11 AND THE THIRD SCHEDULE OF THE INSOLVENCY, RESTRUCTURING AND DISSOLUTION ACT 2018 (1) SAPURA FABRICATION SDN. BHD. & (2) SAPURA OFFSHORE SDN. BHD. HC/OA 921/2023 & HC/OA 922/2023
NOTIFICATION NO. 1
- We write to inform you that on 7 September 2023, Sapura Fabrication Sdn. Bhd. and Sapura Offshore Sdn. Bhd. (collectively, the “Sapura Entities”) filed applications (the “Recognition Applications”) in the General Division of the High Court of the Republic of Singapore for the following orders:
- That the reorganisation proceeding in relation to the Sapura Entities be recognised by the Singapore Courts and in Singapore as a foreign main proceeding;
- That Datuk Mohd Anuar Bin Taib, Chew Seng Heng and Melissa binti Lokman be recognised by the Singapore Courts and in Singapore as foreign representatives (the “Foreign Representatives”);
- That so long as the reorganisation proceeding is in force, except with the consent of the Foreign Representatives or with leave of the Court:
- commencement or continuation of individual actions or individual proceedings concerning the Sapura Entities’ property, rights, obligations or liabilities be stayed;
- execution against the Sapura Entities’ property be stayed; and
- the right to transfer, encumber or otherwise dispose of any property of the Sapura Entities be suspended;
- The stay and suspension mentioned above be:
- the same in scope and effect as if the Sapura Entities had been made the subject of a winding up order under the Insolvency, Restructuring and Dissolution Act 2018; and
- subject to the same powers of the Court and the same prohibitions, limitations, exceptions and conditions as would apply under the laws of Singapore in such a case;
- The Sapura Entities are to apply to the Singapore Court to lift the effect of paragraphs 1(c) and (d) above within seven business days of the Restraining Order (as defined in paragraph 4 of the order of the Malaysia Court dated 8 March 2023 and paragraph 2 of the order of the Malaysia Court dated 6 June 2023, both orders made in Originating Summons No. WA-24NCC-121-03/2023 filed on 3 March 2023 in relation to the Sapura Entities) terminating for whatever reason; and
- The Foreign Representatives, the Sapura Entities, any person claiming to be a creditor of the Sapura Entities and any person whose interests may be affected by this order shall have liberty to apply for directions in relation to its interpretation or implementation.
- Copies of the Recognition Applications and the supporting affidavit can be accessed via the following link:
- The Recognition Applications have been fixed for a case conference on 5 October 2023, at 2.30pm before the learned Assistant Registrar Karen Tan.
- If you wish to support or object to the Recognition Applications, please inform our Singapore legal counsel, Oon & Bazul LLP, at email@example.com by no later than 2 October 2023, 4pm.
- Anyone intending to attend or participate in the case conference on 5 October 2023 should also inform Oon & Bazul LLP and provide the following information by no later than 2 October 2023, 4pm:
- the name(s) of the person(s) or lawyer(s) attending the case conference; and
- the full name of the party that the person or lawyer is representing.
- We will continue to keep you updated on material events and any further directions from the Singapore High Court.