Incorporated in Malaysia - Axiata Group Berhad - Investor Relations
Incorporated in Malaysia - Axiata Group Berhad - Investor Relations
Incorporated in Malaysia - Axiata Group Berhad - Investor Relations
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AXIATA GROUP BERHAD (242188-H)(formerly known as TM International <strong>Berhad</strong>)(<strong>Incorporated</strong> <strong>in</strong> <strong>Malaysia</strong>)PART B : EXPLANATORY NOTES PURSUANT TO APPENDIX 9B OF THE LISTINGREQUIREMENTS OF BURSA MALAYSIA SECURITIES BERHAD10. Material Litigation (cont<strong>in</strong>ued)(c) Pengurusan Danaharta Nasional <strong>Berhad</strong> (“Danaharta”) and 2 Others vsTSDTR (By Orig<strong>in</strong>al Claim) , TSDTR vs Celcom, TRI and 22 Others(cont<strong>in</strong>ued)In addition, TSDTR is also seek<strong>in</strong>g, <strong>in</strong>ter alia, from all the 24 Defendants thefollow<strong>in</strong>g relief:(i) the sum of RM7.214 million;(ii) damages for conspiracy to be assessed;(iii) a declaration that the Vest<strong>in</strong>g Certificates are illegal and ultra vires that theDanaharta Act and/or unconstitutional aga<strong>in</strong>st the provisions of the FederalConstitution and/or aga<strong>in</strong>st Public Policy and void;(iv) a declaration that the Settlement Agreement is illegal and ultra vires theDanaharta Act and/or the Federal Constitution and is void and unenforceablepursuant to S.24 of the Contracts Act 1950 <strong>in</strong>ter alia as be<strong>in</strong>g aga<strong>in</strong>st PublicPolicy;(v) a declaration that all acts and deeds carried out and all agreements executedby Danaharta is illegal and unenforceable;(vi) an order that all contracts, agreements, transfers, conveyances, deal<strong>in</strong>gs, actsor deeds whatsoever carried out and executed by Danaharta hereby declaredas null and void and set aside;(vii) all necessary and fit orders and directions as may be required to give fulleffect to the aforesaid declarations and orders;(viii) damages to be assessed;(ix) aggravated and exemplary damages to be assessed;(x) <strong>in</strong>terest at the rate of 8% per annum on all sums adjudged to be paid by therespective Defendants to the counterclaim to TSDTR from the date such lossand damage was <strong>in</strong>curred to the date of full payment; and(xi) costsThe Court dismissed Celcom/TRI’s application to strike out the AmendedCounterclaim. Celcom/TRI appealed to Judge <strong>in</strong> Chambers and the appeal has beenvacated pend<strong>in</strong>g the disposal of all applications to adduce further evidence filed byTSDTR. The application to adduce further evidence is fixed for hear<strong>in</strong>g before theJudge on 28 September 2009. Once disposed, the Court will fix the hear<strong>in</strong>g date ofCelcom/TRI’s appeal.TSDTR has successfully applied to re-amend the Amended Counterclaim to <strong>in</strong>clude14 additional defendants, 11 of whom are present or former directors/officers of theTM <strong>Group</strong> and Celcom/TRI. Celcom/TRI had on the same day filed an appeal tothe Judge <strong>in</strong> Chambers and the matter is fixed for hear<strong>in</strong>g on 18 December 2009.27