Insolvency Act · 2022 Revised Edition · Chapter VI
104. Power to stay, sist or restrain proceedings against company
Official textFrom Attorney General's Chambers, unchanged
At any time after the presentation of a winding up petition, and before a winding up order has been made, the company, or any creditor or contributory, may —
company
“company” means a company incorporated or registered under the Companies Act;
where any action or proceeding against the company is pending in Brunei Darussalam, apply to the Court in which the action or proceeding is pending for a stay of proceedings therein; and
where any other action or proceeding is pending against the company, apply to the Court having jurisdiction to wind up the company to restrain further proceedings in the action or proceeding, and the Court to which the application is so made may, as the case may be, stay, sist or restrain the proceedings accordingly on such terms as it thinks fit.
In the case of a company registered but not incorporated under the Companies Act (Chapter 39), where the application to stay, sist or restrain is by a creditor, this section extends to actions and proceedings against any conditions of the company.
Insolvency
insolvency
“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
Terms defined in s 3
company
Defined · s 3“company” means a company incorporated or registered under the Companies Act;
Court
Defined · s 3“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
insolvency
Defined · s 3“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
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