OTHERS - PESTECH INTERNATIONAL BERHAD ("PESTECH") -
MATERIAL LITIGATION - KUALA LUMPUR HIGH COURT (WA-24C-92-06/2023)
PESTECH INTERNATIONAL BERHAD
Reference is made to PESTECH’s announcements made on 27 June 2023, 20 November 2023, 5 December 2023, 11 December 2023 and 15 December 2023 in relation to the filing of the following appeals:-
(a) appeals to the Court of Appeal (“Appeals”) against the High Court’s decisions which had dismissed PESTECH Technology Sdn. Bhd. (“PTECH”)’s injunction application vide Originating Summons and Ex-Parte Notice of Application dated 10 June 2023 to:-
(i) restrain Maybank Islamic Berhad (“Maybank”) from making payment of the Performance Bond to Syarikat Pembenaan Yeoh Tiong Lay (“SPYTL”);
(ii) restrain SPYTL from receiving and/or utilizing proceeds that may have been received under the Performance Bond.
(b) applications under Section 44 of the Courts of Judicature Act 1964 (“s44 Applications”) filed by PTECH on 15 December 2023 to the Court of Appeal to maintain status quo pending the disposal of the Appeals.
PESTECH would like to announce that on 20 December 2023, the Court of Appeal Registrar had directed that the hearing for the Appeals will only be fixed after the High Court Grounds of Judgment (“GOJ”) has been obtained. Another case management is fixed on 19 January 2024 to fix hearing date, subject to the filing of the GOJ via a supplemental record of appeal.
On the s44 Applications, the following directions were given by the Court of Appeal on 21st December 2023:-
- Maybank and SPYTL to file affidavit in reply on 29 December 2023, and PTECH to file further affidavit on 12 January 2024;
- Parties to file written submissions on 29 January 2024, and reply submissions on 12 February 2024 (if any);
- Next case management is fixed on 13 February 2024; and
- Hearing of the s44 Applications is fixed on 27 February 2024.
In view of the above, both the conditions imposed by the High Court Judge in respect of the conditional interim stay order made on 15 December 2023 have been complied with by PTECH. PTECH obtained interim stay order for the matter to maintain status quo pending the hearing of the s44 Applications.
This announcement is dated 22 December 2023.
