33. Material litigations
(continued)
(e) On 29 June 2012, a Writ of Summons was filed against SPAD in the High Court in the respect
of the same subject matter as stated above in paragraphs (b), (c) and (d). The Writ of Summons
was served on 1 August 2012. SPAD filed its Memorandum of Appearance on 13 August 2012.
The Plaintiffs are claiming for damages for alleged breach/repudiation of agreements entered
into by each of the Plaintiffs with SPAD in relation to the sale of shares by each of the Plaintiffs
for shares in third party companies. The Statement of Defence has been served by SPAD.
The matter was jointly tried with (b), (c) and (d) above. On 8 August 2014, the Honorable Judge
delivered the judgements as follows:
(i) In respect of SPA in (c) above , SPAD was ordered to pay the Plaintiffs interest at 8.5% per
annum on RM12,100,000 from 1 January 2001 to 29 November 2007;
(ii) In respect of SPA in (d) above, SPAD was ordered to pay the Plaintiffs interest at 8.5% per
annum on RM10,500,000 from 1 January 2001 to 19 November 2007.
On 27 August 2014, a Notice of Appeal was filed by the Plaintiffs against the judgements
dated 8 August 2014. SPAD filed a Notice of Cross Appeal on 28 October 2014. The Court of
Appeal has fixed the hearing of the appeal on 19 August 2015.
The Directors, in consultation with SPAD’s advocates, are of the opinion that SPAD has strong
merits in the appeal.
(f) On 13 October 2014, SPAD was served with legal proceedings by Writ of Summons. SPAD was
sued together with two others. The Statement of Claim claimed a parcel of land in the total size
of 771.51 hectares that is alleged to be part of Lot 2 Block 4 Buloh Land District as appearing
in community map annexed thereto.
SPAD entered Appearance and Defence and Counterclaim was filed on 4 November 2014. SPAD
has also filed a Notice of Application for Further and Better Particulars and the Application was
heard on 28 January 2015. The Court dismissed SPAD’s Application on 6 March 2015. No trial
date has been fixed yet. Meanwhile on 24 March 2015, SPAD appealed against the Court’s
decision to dismiss its Application for Further and Better Particulars.
The Directors, in consultation with SPAD’s advocates, are of the opinion that SPAD has strong
merits in the appeal.
(g) On 25 March 2015, the Company was served with legal proceedings. The Company and SPAD are
sued together with 4 others.
No Specific Provisional Lease of State Land was specified in the Statement of Claim but the
claimed area is described as “Tanah Hak Adat Komunal dan Tanah Individu Rumah Lenon Ak Nanggai
at Sungai Assan Bayu, Bahagian Sibu and notated to be totaling 774.12 hectares. The allegations
relate to 487.19 hectares in a community map prepared by the Sarawak Dayak Iban Association.
The Company and SPAD have entered appearance in these legal proceedings on 26 March 2015
and have instructed counsel to defend the Company and SPAD. The matter is fixed for mention on
11 May 2015.
Notes to the Financial Statements
SARAWAK PLANTATION BERHAD
|
136
|
Annual Report 2014
