Prestariang says Putrajaya still wants to go to trial over SKIN dispute

TheEdge Wed, Dec 04, 2019 11:59pm - 4 years View Original


KUALA LUMPUR (Dec 4): The Malaysian Government still wants its dispute with Prestariang Bhd over the termination of the National Immigration Control System (SKIN) concession agreement to go on trial.

In a stock exchange filing today, Prestariang said Putrajaya has served its unit Prestariang Skin Sdn Bhd (PSKIN) a sealed notice of appeal dated Nov 21, 2019 to appeal against the entirety of the High Court Judge's dismissal of the Government's application to convert PSKIN's originating summons (OS) to a writ action.

The conversion of an OS to a writ would allow the defence to cross-examine the witnesses as opposed to an OS, where replies are made via an affidavit.

It was previously reported that the Government's application had been heard on Sept 25, and that the High Court dismissed it on Oct 30 and awarded costs to PSKIN.

In dismissing the application then, the court had held that the termination by expropriation was not in dispute and that the only issue for determination by the court is the amount to be paid as a consequence of the expropriation. As such, the court ruled there were no disputes of fact to warrant a trial.

PSKIN initiated the legal action to seek RM733 million in damages after the Government terminated the RM3.5 billion project that it awarded to PSKIN in 2017.

Despite having initiated the legal acton, Prestariang later announced that the disputing parties have agreed to refer their disagreement to mediation by the Kuala Lumpurt Court Mediation Centre, and that it was agreed tha the mediation would proceed concurrently with the court proceedings.

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