AwanBiru Technology Berhad - Annual Report 2021

54. MATERIAL LITIGATION (CONT’D) Details of Circumstances leading to the Filing of the OS against GOM (Cont’d) (e) Interest on the judgement sum in respect of paragraph (c) above at the rate of 5% per annum calculated from the date of judgement to the date of full satisfaction of the judgement sum; (f) Costs; and/or (g) Such further and/or other relief as the Court deems fit. PSKIN filed the OS on 15 April 2019 and the sealed copy of the OS was served on GOM on 25 April 2020. Following this, PSKIN filed an application for a Protective Order, which was granted on 19 June 2019. Upon obtaining the Protective Order, PSKIN filed its Affidavit in Support in respect of the OS on 19 June 2019 and served the said Affidavit in Support on GOM on 24 June 2019. GOM was to file its Affidavit in Reply in respect of the OS by 12 July 2019. On 23 August 2019, GOM served its Affidavit in Reply in respect of the OS on PSKIN. On 6 September 2019, PSKIN filed and served its Affidavit in Reply on GOM. GOM has filed an application for conversion of the OS to a writ action, but the application has been dismissed by the High Court on 30 October 2019. GOM appealed to the Court of Appeal. On 10 June 2020, the Court of Appeal found that there was no merit to GOM’s appeal and dismissed the appeal with costs to PSKIN. In dismissing GOM’s appeal, the Court of Appeal held that GOM would not suffer prejudice with PSKIN’s action continuing by way of OS in light of the directions given by the High Court Judge to allow for the cross-examination of the various deponents as well as for expert evidence to be tendered. The hearing of the OS and cross-examination of the deponents of affidavits is currently ongoing at the High Court and during the case management of the OS on 6 August 2021 before the High Court (initially fixed for hearing but was converted to a Case Management by the High Court), the High Court directed as follows:- (i) vacated the upcoming hearings previously fixed on 18 and 19 August 2021; (ii) fixed Case Management on 21 October 2021; and (iii) fixed new hearing dates on 2, 3, 29 and 30 November 2021 and 7, 8 and 10 December 2021. Separately, PSKIN and GOM have also agreed to refer the dispute in respect of PSKIN’s OS to court-annexed mediation conducted by the Kuala Lumpur Court Mediation Centre. The parties agreed that the mediation process shall proceed concurrently with the court proceedings. On 30 October 2019, representatives from PSKIN and GOM (with parties’ respective Counsel) attended the first mediation session. A further mediation session between the parties has yet to be fixed. Financial Review | Awantec Annual Report 2021 237