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MATERIAL LITIGATION SUBJECT: MATERIAL LITIGATION KUALA LUMPUR HIGH COURT NO: WA-24NCC-449-08/2019 SUBJECT : MATERIAL LITIGATION NOTICE PURSUANT TO SECTION 465 (1)(E) AND SECTION 466(1)(A) OF THE COMPANIES ACT 2016

APFT BERHAD

Type Announcement
Subject MATERIAL LITIGATION
Description
SUBJECT: MATERIAL LITIGATION 
KUALA LUMPUR HIGH COURT NO: WA-24NCC-449-08/2019
SUBJECT : MATERIAL LITIGATION NOTICE PURSUANT TO SECTION 465 (1)(E) AND SECTION 466(1)(A) OF THE COMPANIES ACT 2016

We refer to the Company's announcements made on 30 August 2019, 03 September 2019, 18 September 2019 and 25 October 2019 in relation to the Notice of Application for Interim Injuction against APFT AVIATION SDN. BHD. (APFT Aviation) (Wholly Owned subssidiary of APFT Berhad) by the Liquidator of Asia Pacific Flight Training Sdn. Bhd.( In Liquidation) (referred as “APFTSB”). Unless otherwise stated, the terms used throughout this announcement shall have the same meanings as defined in the earlier announcements.

 

The Board of Directors wishes to highlight on the followings :-

 Enclosure 3

1.            Both parties agreed to a proposed consent order vis a vis the Plaintiff’s Notice of Application for an Inter Parte Injunction (“Enclosure 3”). Accordingly, the proposed consent order for Enclosure 3 was recorded before the High Court Judge and the court proceeded to grant an Inter Parte Injunction pending the hearing of the Plaintiff’s Originating Summons (“Enclosure 1”) based on the terms in the proposed consent order for Enclosure 3.

 

Enclosure 18

2.         Both parties agreed to a proposed consent order vis a vis the Defendant’s Notice of Application for Conversion to Writ (“Enclosure 18”). However, despite both parties consenting to the proposed consent order for Enclosure 18, the High Court Judge dismissed Enclosure 18 with liberty to file afresh and an order for costs in the cause. The High Court Judge was of the opinion that a conversion application was not necessary and that if parties require oral evidence to be heard, parties can apply for a right to cross-examine.


 

3. In light of the dismissal of Enclosure 18, the matter will be moving forward with the hearing of Enclosure 1.


 

The Board of Directors wishes to further highlight on the hearing of Encl 1 (Plaintiff’s Originating Summons) and the hearing of Encl 18 before the Kuala Lumpur High Court on 11.11.2019, the Learned High Court Judge gave the following directons:-

 

Enclosure 1

4.1          the Plaintiff is to file an affidavit of reply within 14 days;

4.2          if there are to be any applications for cross-examination, parties are to put in an application as soon as possible; and

4.3          the hearing of Enclosure 1 is fixed for 20th – 21st April 2020.

 

This announcement is dated 12 November  2019.






Announcement Info

Company Name APFT BERHAD
Stock Name APFT
Date Announced 12 Nov 2019
Category General Announcement for PLC
Reference Number GA1-11112019-00065