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. & (3) SAPURA 1200 LTD

 

1. We write to inform you that on 8 December 2022, Sapura Fabrication Sdn. Bhd., Sapura Offshore Sdn. Bhd. and Sapura 1200 Ltd (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:

a. That the reorganisation proceeding in relation to the Sapura Entities (Originating Summons No. WA-24NCC-148-03/2022) be recognised by the Singapore Courts and in Singapore as a foreign main proceeding;

b. 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”);

c. That so long as the reorganisation proceeding is in force, except with the consent of the Foreign Representatives or with leave of the Court:

1. commencement or continuation of individual actions or individual proceedings concerning the Sapura Entities’ property, rights, obligations or liabilities be stayed;

2. execution against the Sapura Entities’ property be stayed;

3. the right to transfer, encumber or otherwise dispose of any property of the Sapura Entities be suspended; and

4. no step may be taken to enforce any security over any property of the Sapura Entities; and

d. The stay and suspension mentioned above be:

1. 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

2. 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.

2. Copies of the Recognition Applications and the supporting affidavit can be accessed via the following link:

Click here

3. Kindly note that a case conference was fixed before the learned Assistant Registrar Karen Tan (“AR Tan”) on 5 January 2023 at 2.30pm. At the Case Conference, AR Tan gave the following directions:

a. Any creditors who wish to file an affidavit in response to the Recognition Applications is to do so by 11 January 2023, 4pm.

b. A further case conference is fixed for 12 January 2023 at 2.30pm for the Court to give further directions and fix a hearing date.

4. Anyone intending to attend or participate in the case conference on 12 January 2023 should inform Oon & Bazul LLP (at restructuring.team@oonbazul.com) and provide the following information by no later than 11 January 2023, 4pm:

a. the name(s) of the person(s) or lawyer(s) attending the case conference; and

b. the full name of the party that the person or lawyer is representing.

5. We will continue to keep you updated on material events and any further directions from the Singapore High Court.

Thank you