In the Matter of Oriente Group Limited - Reasons for Appointing Restructuring Officers
Petition to appoint restructuring officers presented by company-whether prior filing of creditor’s petition within the jurisdiction deprived the company of the right to commence and/or prosecute a restructuring petition-automatic stay triggered by presentation of restructuring petition-implications of creditor commencing foreign winding-up proceedings after the commencement of local restructuring proceedings requirements for appointing restructuring officers- Companies Act (2022 Revision) as amended by Companies (Amendment) Act, 2021, sections 91A-91J, 94(a)-Companies Winding Up Rules 2018, as amended by Companies Winding Up (Amendment) Rules 2022, Order 1A. Insolvency Law; Corporate Restructuring; Company Law; Civil Procedure; Cross‑Border Insolvency
| Neutral Citation | [2022] CIGC (FSD) 231 |
|---|---|
| Cause Number | FSD 0231/2022 (IKJ) |
| Court | CIGC (FSD) |
| Judge | Kawaley J |
| Parties | In the Matter of Oriente Group Limited - Reasons for Appointing Restructuring Officers |
| Judgment Date | 2022-12-08 |
| Subject | Petition to appoint restructuring officers presented by company-whether prior filing of creditor’s petition within the jurisdiction deprived the company of the right to commence and/or prosecute a restructuring petition-automatic stay triggered by presentation of restructuring petition-implications of creditor commencing foreign winding-up proceedings after the commencement of local restructuring proceedings requirements for appointing restructuring officers- Companies Act (2022 Revision) as amended by Companies (Amendment) Act, 2021, sections 91A-91J, 94(a)-Companies Winding Up Rules 2018, as amended by Companies Winding Up (Amendment) Rules 2022, Order 1A. Insolvency Law; Corporate Restructuring; Company Law; Civil Procedure; Cross‑Border Insolvency |
| Filename (current) | 22-12-08-In-The-Matter-of-Oriente-Group-Limited-FSD-231-of-2022-IKJ.pdf |
| Statute | Sections cited | Mentions |
|---|---|---|
| Companies Act | 104(3), 104(3) and 95(1), 91B | 9 |
| Companies (Amendment) Act, 2021 (amending) | — | 4 |
| Companies Winding Up Rules (subordinate) | 9 | 4 |
| Companies Winding Up (Amendment) Rules, 2022 (amending) | — | 2 |
| Court Fees Rules (subordinate) | — | 2 |
| Insolvency Practitioners Regulations (subordinate) | — | 1 |
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