43. OTHER MATTERS (CONT’D.) Litigations involving AAB and Malaysia Airports (Sepang) Sdn Bhd (“MASSB”) (cont’d.) On 18 September 2019, AAB paid a sum of RM14 million (being the amounts specified in the Garnishee Show Cause Orders dated 23 August 2019) to MASSB to defray the garnishee execution proceedings. The payment was made by AAB without prejudice to AAB’s rights, including AAB’s rights in the appeals made in relation to the judgement order dated 18 July 2019 and any connected interlocutory applications. On 2 October 2019, AAB filed a Writ of Summons at the Kuala Lumpur High Court against MASSB for a sum of RM479.8 million, being loss and damage caused by negligence on the part of MASSB, its servants and/or agents in the management, operation, maintenance and/or provision of airport services and facilities at KLIA2. Following to above, on 22 January 2021, MASSB filed a supplementary affidavit in an attempt to adduce fresh evidence in these appeals. On 5 February 2021, the Company filed motions to adduce fresh evidence in these appeals. In view of these developments, the hearing proper of the appeals were adjourned, pending the disposal of the Company’s motions to adduce fresh evidence and MASSB’s supplementary affidavits. On 24 March 2021, the Court of Appeal allowed the Company’s motions to adduce fresh evidence and Supplementary Records of Appeal consisting of the fresh evidence were filed on 5 April 2021 and served on 6 April 2021. On 14 April 2021, the Court of Appeal gave directions for the filing of written submissions and fixed the appeals for: (a) e-Review case management on 12 January 2022; and (b) e-appellate hearing by Zoom on 27 January 2022. The appeals were heard on 27 January 2022. On 3 March 2022, the Court of Appeal dismissed AAB’s four (4) appeals against the High Court’s two (2) summary judgments and two (2) orders dismissing AAB’s application to strike out MASSB’s claim for outstanding Passenger Service Charges. The appeals were dismissed with costs of RM10,000.00 for each appeal, subject to payment of allocator fee. On 1 April 2022, AAB filed motions for leave to appeal to the Federal Court against the dismissal of the four (4) PSC Appeals on 3 March 2022 by the Court of Appeal. These applications are fixed for Case Management on 9 May 2022. Kuala Lumpur High Court Civil Suit No. WA-23NCvC-56-10/2019 AIRASIA BERHAD & AIRASIA X BERHAD V MALAYSIA AIRPORTS (SEPANG) SDN BHD On 2 October 2019, AAB (together with AirAsia X Berhad) filed a Writ of Summons at the Kuala Lumpur High Court against MASSB for a sum of RM479.8 million, being loss and damage caused by negligence on the part of MASSB, its servants and/or agents in the management, operation, maintenance and/or provision of airport services and facilities at KLIA2. AAB and AAX subsequently filed an amended statement of claim on 23 December 2019 and a reply on 26 December 2019. AAB and AAX applied for an application to expunge an affidavit filed by MASSB (“Expungement Application”) on 12 March 2021. MASSB subsequently applied to strike out the whole suit (“Striking Out Application”) and also applied for further and better particulars (“FBP Application”) on 30 March 2021. MASSB’s FBP Application is held over pending the disposal of the Striking Out Application. MASSB’s Striking Out Application was heard on 14 February 2022. The High Court dismissed the Striking Out Application on 25 March 2022 with costs in the cause. MASSB lodged an application for further and better particulars (“FBP Application”) over the disposal of the Striking Out Application. At the Case Management on 4 April 2022, the High Court fixed the FBP Application to be heard before the High Court Judicial Commissioner on 22 June 2022. A further case management is scheduled after the hearing takes place. 3 1 2 Notes to the Financial Statements (cont’d.) for the financial year ended 31 December 2021 C A P I T A L A B E R H A D
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