An amalgamation under s 238 of the Companies Act 1997 (PNG) is effective from the date of the certificate of amalgamation, regardless of whether the Registrar removes the amalgamating companies from the register; the amalgamating companies do not continue as separate legal entities. The amalgamated company is a 'judgment creditor' under s 3 of the Foreign Judgments Act 1991 (Cth) in respect of judgments entered in the names of the amalgamating companies. Where an originating application is rendered otiose by the respondent's satisfaction of the underlying debt, the applicant retains an entitlement to pursue costs of the application.
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