MATERIAL LITIGATION GABUNGAN AQRS BERHAD ("the Company") - Civil Suit No. WA-22NCvC-635-10/2020 between the its wholly-owned subsidiary, Gabungan Strategik Sdn Bhd (GSSB or the Plaintiff) vs 11 DEFENDANTS

GABUNGAN AQRS BERHAD

Type Announcement
Subject MATERIAL LITIGATION
Description
GABUNGAN AQRS BERHAD ("the Company") - Civil Suit No. WA-22NCvC-635-10/2020 between the its wholly-owned subsidiary, Gabungan Strategik Sdn Bhd (GSSB or the Plaintiff) vs 11 DEFENDANTS

We refer to the Company’s announcements made on 6 October 2020, 26 November 2020, 20 August 2021 and also the continuous updates reported of the abovementioned material litigation in the respective quarterly results commencing from the 4th Quarterly Result financial period ended 31 December 2020, in respect of the Civil Suit No. WA-22NCvC-635-10/2020 in the High Court of Malaya at Kuala Lumpur commenced by Gabungan Strategik Sdn Bhd (“GSSB”), its wholly-owned subsidiary of the Company, against:-

1. Geonamics (M) Sdn Bhd (“1st Defendant”)

2. Jurutera Perunding Primareka Sdn Bhd (“2nd Defendant”)

3. Yee Yong Yip (“3rd Defendant”)

4. Tiong Ping Siing (“4th Defendant”)

5. Tang Pui San (“5th Defendant”)

6. Mohd Noor Nazrul Bin Mohd Yusof (“6th Defendant”)

7. Azmi Bin Md Aziz (“7th Defendant”)

8. Wong Kee Choo (“8th Defendant”)

9. Choon Suan Fatt (“9th Defendant”)

10. Ahmad Bashti Bin Azmi (“10th Defendant”)

11. Foo Mun Pong (“11th Defendant”)

[collectively the “Defendants”]

The following defendants applied to strike out GSSB’s Suit against them: -

  1. 2nd Defendant;
  2. 3rd Defendant;
  3. 4th to 6th Defendants and 11 Defendant; and
  4. 9th and 10th Defendants,

[collectively the “Striking Out Applications”] whilst the 1st Defendant applied for a Determination of Question of Law under Order 14A of the Rules of Court (“Order 14A Application”).

 On 18 October 2021, the Judicial Commissioner allowed the 1st Defendant’s Order 14A Application and proceeded to dismiss GSSB’s claim against the 1st Defendant with costs of RM7,000-00 awarded against GSSB.

The Judge also allowed in part the Striking Out Applications, struck out GSSB’s claims against the Defendants founded in negligence and ordered GSSB’s claims against the Defendants founded in contract to be tried. In summary, the decision resulted in:

  1. GSSB’s claims against the 2nd Defendant (Jurutera Perunding Primareka) to be wholly struck out with costs of RM7,000-00 awarded against GSSB; and
  2. GSSB’s claim against the employee defendants (3rd to 6th and 9th  11th Defendants) to be struck out in part, with costs in the cause. GSSB’s claims against the employee defendants that are founded in contract were ordered to be tried.

The Judicial Commissioner fixed on 12th November 2021 for case management of the Suit and GSSB’s General Discovery Application.

The Company will make further announcement on the above matter as and when there is a material development in relation thereof and/or upon receipt of any further directions by the Court.

This announcement is dated 21 October 2021.






Announcement Info

Company Name GABUNGAN AQRS BERHAD
Stock Name GBGAQRS
Date Announced 21 Oct 2021
Category General Announcement for PLC
Reference Number GA1-21102021-00030