News

We refer to our announcement dated 15 April 2019 (GA1-15042019-00028).

1.       PSKIN’s Originating Summons against GOM and the Protective Order

As announced earlier, PSKIN, a wholly-owned subsidiary of Prestariang Services Sdn. Bhd., which in turn is a subsidiary of PRESBHD, had filed and served an Originating Summons dated 15 April 2019 (“Originating Summons”) as Plaintiff against GOM as Defendant in relation to the termination of the Concession Agreement dated 9 August 2017 (“Concession Agreement”) by GOM by way of expropriation pursuant to Clause 31.1 of the Concession Agreement. The sealed Originating Summons was served on GOM on 25 April 2019.

On 19 June 2019, the Honourable Court had granted a protective order in favour of PSKIN’s application where, among others, the following was ordered:

(i) any and all materials and information contained in the documents produced as exhibits to PSKIN’s Affidavit in Support of the Originating Summons and any other documents produced as exhibits to all subsequent affidavits filed herein, including any reports, calculations and/or analysis prepared for the purposes of this Originating Summons (“Confidential Documents”) shall only be disclosed to:

(a) parties to this Originating Summons and their respective solicitors or counsel;

(b) consultants, advisors and/or experts of the parties appointed for the purposes of this Originating Summons; and

(c) where deemed necessary by this Honourable Court;

collectively known as the “Parties”;

(ii) the Parties shall keep as confidential and shall not disclose the Confidential Documents to any other party and for any purpose other than to be used as evidence in this Suit;

(iii) the hard copies of the Confidential Documents shall be kept with the Honourable Judge hearing this Originating Summons; and

(iv) a sealing order was granted to ensure that the Confidential Documents are not made public in that they shall not be made open to inspection or for any copy in whatsoever form to be made, including online inspection by way of e-filing.

2.      GOM’s Application to convert the Originating Summons into a Writ action

On 12 July 2019, GOM filed an Application to convert the Originating Summons into a Writ action. PSKIN will be opposing the Application, which has been fixed for hearing on 25 September 2019. Upon PSKIN’s request and as agreed by the Senior Federal Counsel (“SFC”) representing GOM, the Learned Judge directed that the hearing of the Application be held in open court. In order to expedite the process and to assist the Honourable Court, PSKIN will bear the cost of the Court Recording Transcription (CRT) and transcription services.

3.      The Case Management on 15 July 2019 and PSKIN’s willingness to refer the dispute to mediation

On 15 July 2019, PSKIN attended a case management (“CM”) before the Learned Judge. At the CM, PSKIN’s counsel informed the Honourable Court that the deadline for GOM to file its Affidavit in Reply to PSKIN’s Affidavit in Support of the OS was on 12 July 2019, and as GOM’s Application for conversion does not act as a stay, proceedings for both should run concurrently.

PSKIN’s Counsel also informed the Court that PSKIN is willing to explore mediation of the dispute with GOM.

The Learned Judge fixed the next CM for the matter on 25 July 2019 where the SFC would be required to update the Court on GOM’s position on having both Originating Summons and Application for conversion run concurrently and also GOM’s position on referring the dispute to mediation.

The Company will make the necessary announcements on material development in respect of this matter from time to time.

This announcement is dated 16 July 2019.