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Material Litigation

BackJan 23, 2025

 

Type Announcement
Subject MATERIAL LITIGATION
Description AMENDED WRIT AND STATEMENT OF CLAIM AGAINST RADIANT SEAS SDN BHD
(JOHOR BAHRU HIGH COURT CIVIL SUIT NO.: JA-22NCVC-149-11/2020)

The Board of Directors of Knusford Berhad (“KB” or “the Company”) wishes to announce that its wholly-owned subsidiary, Radiant Seas Sdn Bhd (“RSSB”), has been named as the fourth party in a court proceeding filed by Tenaga Nasional Berhad (“the Plaintiff”) dated 3 November 2020.  On 16 December 2021, the Plaintiff served an Amended Writ and Statement of Claim against Tebrau Bay Constructions Sdn Bhd (“TBCSB”), Iskandar Waterfront City Berhad (“IWCB”) and Tebrau Bay Sdn Bhd.  Subsequently, Tebrau Bay Constructions Sdn Bhd initiated Third-Party proceedings against Pembinaan Hamid Abd Rahman Sdn Bhd (“PHSB”) as the sub-contractor.  Following this, PHSB initiated Fourth-Party proceedings against RSSB as its sub-contractor, with the notice served on 22 January 2025.

Date of presentation of the Amended Writ and Statement of Claim

The Amended Writ and Statement of Claim, both dated 15 December 2021, were served on RSSB at its business office on 22 January 2025.

Particulars of the claims under the Amended Writ and Statement of Claim

Parties involved:

Plaintiff: Tenaga Nasional Berhad

Defendants:

  1. Tebrau Bay Constructions Sdn Bhd (“1st Defendant”)  
  2. Iskandar Waterfront City Berhad
  3. Tebrau Bay Sdn Bhd
  • Third Party:  Pembinaan Hamid Abd Rahman Sdn Bhd
  • Fourth Party:  Radiant Seas Sdn Bhd

Nature of Claim:

The Plaintiff has filed a claim against the Defendants pursuant to the Civil Suit No.: JA-22NCVC-149-11/2020 (“the Plaintiff’s Claim”) for inter alia injunctions, damages for the sum of RM76,564,759.77, general damages, aggravated and exemplary damages, interest and costs.  The 1st Defendant has brought Third-Party proceedings against the Third Party, and claimed for indemnity or contribution from the Third Party in the event that the 1st Defendant is found liable to the Plaintiff’s Claim.

The Third Party, subsequently initiated another Fourth-Party proceedings against RSSB for a claim of indemnity or contribution from RSSB in the event that the Third Party is found liable to 1st Defendant’s Third-Party claim.

Details of the circumstances leading to the filing of the Amended Writ and Statement of Claim against RSSB

The circumstances leading to the filing of the Amended Writ of Summon and Statement of Claim against the Defendants are in respect of reclamation works carried out on Lot Lot PTD 121257, Kampung Senibong where the Senibong Switching Station and the rentice / wayleave of the Submarine Cable Project is located.

The Plaintiff’s claim ground upon:

  1. Alleged Encroachment and Continuing Trespass around October 2013 on the Pylon Tower 31-35 (formerly known as Pylon Tower 54-58) placed on the right-of-way/easement of the Submarine Cable Project;
  2. Alleged Encroachment and Continuing Trespass on the Submarine cable 230 KV PLTG – WAV8 No. 1 and causing damage to the Submarine Cable on 5 November 2014;
  3. Alleged Negligence; and
  4. Alleged liability by reason of vicarious liability.

Financial and Operational Impact

At this juncture, while awaiting advice from legal counsel on the claim, the suit is not expected to have operational impact to the Company or RSSB.

If the claim is successful, the financial impact will include the damages awarded and any additional cost or interest imposed.

Steps Taken or Proposed to be Taken

RSSB is currently seeking professional legal advice and will appoint counsel to defend against the claim.

The Company will make further announcement(s) on the material development of the above matter in due course.

This announcement is dated 23 January 2025.

 


Announcement Info

Company Name KNUSFORD BERHAD
Stock Name KNUSFOR
Date Announced 23 Jan 2025
Category General Announcement for PLC
Reference Number GA1-23012025-00018