Federal Court grants leave to appeal against decision on non-crystallisation of obligation to redeem preference shares for non-fulfilment of conditions in Section 72(4) of the Companies Act 2016 - UPD

In February 2026, we issued a case note on Lextrend Sdn Bhd & 3 Ors v Sotella Fund Pte Ltd [2026] 1 AMR 853 where the Court of Appeal held that the obligation to redeem preference shares does not crystallise if the statutory conditions under section 72(4) of the Companies Act 2016 are not satisfied. Our case note on the Court of Appeal’s decision can be accessed here.
 
On 12 February 2026, the Federal Court granted leave to the applicant, Sotella Fund Pte Ltd, to appeal to the Federal Court on eight questions of law.
 
 
Update by Imran Shahfizal (Associate) of the Corporate Practice of Skrine.

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