Circular - Announcements - Bursa Malaysia

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FURTHER INFORMATION 1. RESPONSIBILITY STATEMENT 17 APPENDIX I This <strong>Circular</strong> has been seen and approved by the Board and they collectively and individually accept full responsibility for the accuracy of the information given and confirm that after making all reasonable enquiries and to the best of their knowledge and belief, there are no other facts, the omission of which would make any statement stated herein misleading. 2. MATERIAL LITIGATION Save as disclosed below, as at the date of this <strong>Circular</strong> none of the companies in the Group is engaged in any material litigation, claims or arbitration either as plaintiff or defendant, and the Directors do not have any knowledge of any proceedings, pending or threatened, against the Lingui Group or of any facts likely to give rise to any proceedings which might materially affect the position or business of the Lingui Group. Kelasau Naan, Jawa Nyipa, Pelutan Tiun, Bilong Oyoi & Ors vs Government of Sarawak, Samling Plywood Baramas and Syarikat Samling Timber The Government of Sarawak, Samling Plywood Baramas (Second Defendant) and Syarikat Samling Timber (Third Defendant) are being jointly sued by the above parties for and on behalf of the Penans of four (4) longhouses and/or settlements situated within Baramas Timber Licence area T/0411 and T/0412 for declaration that the plaintiffs have native customary rights over their claimed lands located within the said licensed areas. The second and third defendants have filed a defence and counterclaim dated 12 November 1998. The plaintiff filed a reply and defence to a counterclaim dated 24 November 1998. The plaintiffs claim inter alia, for a declaration that the two forest timber licences issued to Samling Plywood Baramas in so far as they impair the plaintiffs’ alleged native customary rights over their alleged native customary lands, is bad and is null and void; an order that the plaintiffs be given forthwith vacant possession of their alleged native customary lands; injunctions against Samling Plywood Baramas and Syarikat Samling Timber, their servants, agents, contractors, sub-contractors or assignees from trespassing, occupying or using the plaintiffs’ alleged native customary lands and also to cease operations and remove all their structures, machineries or equipment from the plaintiffs’ alleged native customary lands; damages and exemplary or alternatively aggravated damages. An application was filed by Matthew Uchat Kajan and Jalong Bilong to have themselves added as defendants in this action (on behalf of themselves as well as other inhabitants of the 2 Kenyah kampongs known as Long Semiang and Lio Mato) (“1 st Application”). An application was filed by Gabriel Ajan Jok and Anthony Belerek to have themselves added as defendants in this action (on behalf of themselves as well as some of the other inhabitants of the Kenyah kampongs known as Long Tungan) (“2 nd Application”). On 14 January 2003, another application was taken out by Joachim Engan Sigau to have himself added as plaintiff in this action (on behalf of himself as well as all other inhabitants of Long Tungan) (“3 rd Application”). On 15 January 2003, the Court had granted leave to the Government of Sarawak to amend its defence, granted leave to Samling Plywood Baramas and Syarikat Samling Timber to amend its defence and counterclaim, granted leave to the Plaintiffs to amend its pleadings in reply to all Defendants’ amended pleadings. The Court granted an order in terms as stated in both the 1st and 2nd Applications on 7 April 2003. The Plantiffs' advocates have appealed against the Court orders dated 7 April 2003 in respect of the 1st and 2nd Applications. The Plaintiffs’ advocates have withdrawn the said appeal. The Plaintiffs and the 1 st to 3 rd Defendants have filed and served their amended pleadings pursuant to the Court Order dated 15 January 2003. The 3 rd Application was withdrawn by Joachim Engan Sigau’s advocates and Joachim was ordered to pay the cost of the 3 rd Application, such costs to be taxed unless otherwise agreed.
The matter was called up for mention on 27 March 2004 and again on 21 April 2004, wherein the Plaintiffs’ counsel undertook to serve the Amended Writ listing on Matthew Uchat Kajam, Jalong Bilong, Gabriel Ajan Jok and Anthony Belarek, (the applicants in the 1 st and 2 nd Application) as the 4 th to 7 th defendants in this action. By a court order dated 21 June 2004, it was ordered inter alia, that the Plaintiffs file and serve the Amended Writ of Summons and Amended Statement of Claim within 14 days from the date thereof and thereafter, the defendants have 14 days to file and serve their amended pleadings. The Defendants have been served with the Amended Writ of Summons and Amended Statement of Claim on 6 August 2004 which were received on a without prejudice’ basis. The pre trial case management for the above matter which was originally scheduled on 26 August 2004 has been rescheduled to 24 February 2005 pending the outcome of the hearing of an application to stay this action taken out by the advocates for the 4 th to 7 th defendants (“the stay application”). The stay applicaton was heard on 28 July 2005, where the Court ordered that this action be stayed pending the conclusion and determination of native court claim filed by 4 th to 7 th defendant in the native court against the plaintiffs and awarded cost of the stay application to the 4 th to 7 th defendant to be taxed unless otherwise agreed. The Court adjourned the pre trial case management of this action to a date to be fixed or to a date to be requested by counsels. On 25 August 2005, the plaintiff appealed to the Court of appeal against the whole of the said decision. Lasah Mering & Ors v Tamex Timber Sdn Bhd & Ors A Writ of Summons had been served on 5 June 2003 to Tamex Timber, in respect of the above suit, and named as first defendant. The Superintendent of Lands & Surveys Department Bintulu Division and the Government of the State of Sarawak as second and third defendants respectively, are being jointly sued by Lasah Mering, Mering Anak Madang, Mering Anak Lasah, Imut Anak Ding and Bilong Anak Pudang who are suing on behalf of themselves and all other proprietors, occupiers, holders and claimants of native customary rights land at Kayan Longhouse community known as Rumah Lasah Mering, Sg. Pesu, Jelulong, Tubau, Bintulu, Sarawak (hereinafter collectively known as "Plaintiffs"). The Plaintiffs are claiming for various reliefs including declarations that issuance of the land title and/ or provisional lease of that parcel of land at and/ or around the Longhouse community of Rumah Lasah Mering, Sg. Pesu, Jelulong, Tubau, Bintulu, Sarawak where Tamex Timber is the appointed timber logging contractor, was bad and/ or void as it was unconstitutional and/or wrongful. The first defendant had on 7 August 2003 filed its defence and counterclaim against the Plaintiffs and each of them, from interfering or attempting to interfere with the first defendant's right to carry out its business and harvesting operations in the License Area including its performance of its contract under the Letter Contract with Samling Reforestation (Bintulu) Sdn Bhd. The first defendant is also claiming against the Plaintiffs and each of them for damages, costs, interest and further or other relief. The Plaintiffs had filed its Reply and Defence to Counterclaim on 29 August 2003 and served a copy thereof on Tamex Timber on 10 September 2003. In compliance with procedural requirements, the Plaintiffs had on 6 February 2004 served the Defendants with the following: (i) Summons for Directions pursuant to Order 25 dated 18 November 2003 This application originally fixed for hearing on 8 March 2004 was heard on 6 September 2004. At the hearing, it was directed that expert evidence be limited to 2 witnesses for the Plaintiff and the 1 st Defendant and 1 witness for the 2 nd and 3 rd Defendants, a plan and photographs of the locus in quo be agreed, if possible, and at the trial, the Plaintiff will have 8 witnesses and require 5 days, the 1 st Defendant 9 witnesses and 5 days and the 2 nd and 3 rd Defendants 6 witnesses and 5 days. No date has been fixed for the hearing of the action (ii) Notice to Attend Pre-Trial Case Management dated 18 November 2003 The hearing for this application originally fixed on 9 September 2004 has been rescheduled to 9 March 2005. On 9 March 2005, counsel for the respective parties attended the Case Management Meeting with the Judge presiding in Chambers. The affidavit and the List of Documents were filed on the 4 April 2005 and a copy therefore served on the plaintiff and the 2 nd and 3 rd defendant. No date has been fixed for the hearing of the action 18
Page 1 and 2: THIS CIRCULAR IS IMPORTANT AND REQU
Page 3 and 4: Majulaba : Majulaba Sdn. Bhd. Manda
Page 5 and 6: TABLE OF CONTENTS LETTER TO THE SHA
Page 7 and 8: 2. PROPOSED SHAREHOLDERS’ MANDATE
Page 9 and 10: 2.2 Class and nature of the Recurre
Page 11 and 12: Type of Transactions Related Partie
Page 13 and 14: Type of Premises Address Tenure Sta
Page 15 and 16: 2.3 Details on the Related Parties
Page 17 and 18: The direct and indirect interests o
Page 19 and 20: (ii) A register within the accounti
Page 21: 4. DIRECTORS’ RECOMMENDATION The

Circular - Announcements - Bursa Malaysia

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