The Board of Directors of SUNVIEW wishes to inform that FSSB has received an Adjudication Decision dated 8 April 2025 from TSS Cemerlang under CIPAA 2012 [Adjudication Reference No. AIAC/D/ADJ-5753-2024] in relation to the disputes between FSSB and TSS Cemerlang where FSSB was the appointed sub-contractor for the provision of Engineering Procurement, Construction, Installation, Testing and Commissioning (EPCC) of a 50MWAC Solar Photovoltaic Plant at Mukim Kuala Pahang, Daerah Pekan, Pahang Darul Makmur for Earthwork and Civil Works.
The Adjudicator has determined and delivered his decision in favour of TSS Cemerlang, brief details of the Adjudication Decision are as follows:-
(a) The Respondent shall pay to the Claimant the sum of RM1,670,277.91 hereby recorded as the adjudicated sum.
(b) The adjudicated sum shall be paid on or before 30 April 2025, hereby recorded as the due date for payment of the adjudicated sum.
(c) The rate of interest payable is 5% per annum simple interest on the adjudicated sum from the date of decision 8 April 2025 until full payment of the adjudicated sum.
(d) The Respondent shall bear 100% of the costs of the adjudication. These include the costs of the adjudication of RM29,093.32, Asian International Arbitration Centre (“AIAC”) fees of RM6,284.16 (inclusive of SST), AIAC appointment fee of RM432.00 (inclusive of SST), AIAC registration fee of RM270.00 (inclusive of SST) and party and party cost of RM30,000.00.
On 29 April 2025,FSSB had filed an action at the High Court of Malaya at Kuala Lumpur (“Court”) to set aside the Adjudication Decision. On the same date, FSSB further filed an application to withhold the execution or enforcement of the Adjudication Decision. The application to set aside the Adjudication Decision is premised, among others, on the grounds that in delivering the Adjudication Decision dated 8 April 2025, there was a denial of natural justice against FSSB and/or the Adjudicator had exceeded his jurisdiction in making the said Adjudication Decision.
On 5 May 2025, the Court has directed that it will deliver its decision on 7 August 2025.
The Company will make the necessary announcements to Bursa Malaysia Securities Berhad as and when there are further developments in relation thereof and/or upon receipt of any further directions by the Court.
This announcement is dated 5 May 2025.