MCLEAN

0.185

-0.01 (-5.1%)

MATERIAL LITIGATION JOHOR BAHRU HIGH COURT CIVIL SUIT NO. JA-22NCVC-204-10/2016 : PETRONAS GAS BERHAD ("PBG" or "PLAINTIFF") VS. DWZ INDUSTRIES (JOHOR) SDN. BHD. AND DWZ INDUSTRIES SDN. BHD. ("DWZ Entities" or "DEFENDANTS") (HEREIN REFERRED TO AS THE CIVIL ACTION)

MCLEAN TECHNOLOGIES BERHAD

Type Announcement
Subject MATERIAL LITIGATION
Description
JOHOR BAHRU HIGH COURT CIVIL SUIT NO. JA-22NCVC-204-10/2016 : PETRONAS GAS BERHAD ("PBG" or "PLAINTIFF") VS. DWZ INDUSTRIES (JOHOR) SDN. BHD. AND DWZ INDUSTRIES SDN. BHD. ("DWZ Entities" or  "DEFENDANTS") (HEREIN REFERRED TO AS THE CIVIL ACTION)

Reference is made to the Material Litigation announcement released on 19 December 2018.

 

For consistency, the abbreviations used hereinafter throughout this announcement shall have the same meaning as defined in the preceding announcements unless stated otherwise.

 

The Board of Directors of MClean Technologies Berhad ("MClean" or "the Company") wishes to announce that on 31 October 2016, DWZ Entities was served with a writ and a statement of claim in respect of the Civil Action commenced by PGB.  The trial for Johor Bahru Civil Suit No. JA-22NCVC-204-10/2016, between Petronas Gas Berhad and DWZ Entities, had progressed on 11 March 2018, 20 May 2018, 6 June 2018, 18 June 2018, 19 June 2018, 20 June 2018 and 21 June 2018.

 

The decision of the Johor Bahru High Court on 19 December 2018 has held DWZ Entities to be jointly and severally liable to PGB for their pleaded claim for unlawful entry into PGB’s land, a tort of trespass, nuisance and negligence for the discharge of foreign effluent causing damage to PGB’s pipeline. The Court has issued declarations to that effect and has issued an injunction against the Defendants, their servants and agents from entering the Plaintiff’s land, constructing or installing or causing to be constructed or installing any piping or structure on the Plaintiff’s land and to injunct the DWZ Entities from releasing or discharging any effluents to the Plaintiff’s land.

 

The High Court has ordered damages against DWZ Entities in the amount of RM 3,226,243.00 together with interest at the rate of 5% per annum from the date of loss till the date of full payment and costs in the amount of RM 100,000.00.

 

DWZ Entities have appealed against the High Court decision dated 19 December 2018 on both liability and quantum.  A Notice of Appeal to the Court of Appeal, Putrajaya, was filed by solicitors for DWZ Entities on 16 January 2019.

 

Further announcements will be made as and when there are material developments on the above matter.

 

This announcement is dated 17 January 2019.






Announcement Info

Company Name MCLEAN TECHNOLOGIES BERHAD
Stock Name MCLEAN
Date Announced 17 Jan 2019
Category General Announcement for PLC
Reference Number GA1-19122018-00069