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Notes to the Financial Statements - Cahaya Mata Sarawak Bhd

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40. Contingencies (contd.)<br />

(b) O<strong>the</strong>r contingency<br />

<strong>Notes</strong> <strong>to</strong> <strong>the</strong> <strong>Financial</strong> <strong>Statements</strong><br />

For <strong>the</strong> fi nancial year ended 31 December 2011<br />

An amount of RM5,466,968 included in trade receivables is in dispute and in <strong>the</strong> process of arbitration.<br />

Within <strong>the</strong> same claim on <strong>the</strong> receivable, a counterclaim of RM2,240,930 was fi led by <strong>the</strong> deb<strong>to</strong>r. A<br />

fur<strong>the</strong>r claim of RM2,265,422 was made by <strong>the</strong> subsidiary against <strong>the</strong> deb<strong>to</strong>r for loss of profi ts and o<strong>the</strong>r<br />

general damages. Both counterclaims by <strong>the</strong> deb<strong>to</strong>r and <strong>the</strong> fur<strong>the</strong>r claim made by <strong>the</strong> subsidiary have<br />

not been accounted for in <strong>the</strong> fi nancial statements.<br />

On 6 January 2012, <strong>the</strong> Arbitra<strong>to</strong>r awarded in favour of a subsidiary various amount due for work done<br />

for deb<strong>to</strong>r as invoiced (RM5,466,968), damages for wrongful termination of <strong>the</strong> software development<br />

agreement (RM1,106,784), damages for loss of maintenance (RM701,347), and interest at 2.9% on<br />

each amount on invoices computed from date of invoice, reasonable costs including fees for preparing<br />

and presenting <strong>the</strong> arbitration. The deb<strong>to</strong>r’s counterclaim was dismissed.<br />

A settlement was reached with <strong>the</strong> deb<strong>to</strong>r whereby <strong>the</strong> deb<strong>to</strong>r agrees <strong>to</strong> pay RM8,558,117 in full and<br />

fi nal settlement of <strong>the</strong> Arbitra<strong>to</strong>r’s Award. On 29 March 2012, <strong>the</strong> Court recorded consent judgment for<br />

<strong>the</strong> payment of <strong>the</strong> settlement sum of RM8,558,117 by <strong>the</strong> deb<strong>to</strong>r on or before 6 April 2012.<br />

41. Related party transactions<br />

During <strong>the</strong> fi nancial year, <strong>the</strong> Group and <strong>the</strong> Company had, in <strong>the</strong> normal course of business transacted on<br />

normal commercial terms <strong>the</strong> following transactions:<br />

(a) Sales and purchases of goods and services<br />

Group Company<br />

2011 2010 2011 2010<br />

RM’000 RM’000 RM’000 RM’000<br />

Interest income received from:<br />

- Associates (1,015 ) (1,936 ) (1,015 ) (1,936 )<br />

- Subsidiaries - - (1,689 ) (614 )<br />

Interest expense paid <strong>to</strong> subsidiaries - - 9,782 5,847<br />

Fee received from subsidiaries - - (4,513 ) (3,219 )<br />

Management fees received from:<br />

- Subsidiaries - - (265 ) (202 )<br />

- COPE-KPF Opportunities 1 Sdn. <strong>Bhd</strong>. (1,892 ) (1,578 ) - -<br />

Rental received from a subsidiary - - (600 ) (600 )<br />

Sale of materials <strong>to</strong> associates (11 ) (28 ) - -<br />

Purchase of materials from an associate 5,737 5,047 - -<br />

Payment for services <strong>to</strong>:<br />

- Associates 3,965 3,641 41 267<br />

- Achi Jaya Communications Sdn. <strong>Bhd</strong>. 19 32 2 3<br />

- Centigrade Resources Sdn. <strong>Bhd</strong>. 683 688 608 604<br />

- Satria Realty Sdn. <strong>Bhd</strong>. 908 920 824 824<br />

- KTA (<strong>Sarawak</strong>) Sdn. <strong>Bhd</strong>. 6 394 - -<br />

- Borneo Isthmus Development Sdn. <strong>Bhd</strong>. 121 41 46 36<br />

- AGI Asset Management Ltd. - 227 - -<br />

- Opus Asset Management Sdn. <strong>Bhd</strong>. 161 161 161 155<br />

- Opus Capital Sdn. <strong>Bhd</strong>. 127 42 - -<br />

Annual Report 2011 155

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