OTHERS - PESTECH INTERNATIONAL BERHAD ("PESTECH" or "the COMPANY") -
UPDATES ON MATERIAL LITIGATION - COURT OF APPEAL CIVIL APPEAL NO. W-02(IM)(C)-1192-07/2023
PESTECH INTERNATIONAL BERHAD
Reference is made to PESTECH’s announcements made on 27 June 2023, 3 July 2023, 7 July 2023, 20 July 2023, 3 August 2023, 7 September 2023, 5 December 2023 and 8 January 2024 in relation to the filing of an appeal to the Court of Appeal (“Appeal”) against the High Court’s decision to dismiss PESTECH Sdn. Bhd. (“PSB”)’s application for interim injunctions against Syarikat Pembenaan Yeoh Tiong Lay Sdn. Bhd. (“SPYTL”) to restrain SPYTL from trespassing, utilising and/or otherwise tampering with machineries belonging to PSB.
On 5 January 2024, the Court of Appeal (“Court”) proceeded to hear parties in regards to PSB’s Notice of Motion to adduce further evidence vide the Supplementary Record of Appeal. After hearing parties’ submissions, the Court allowed the further evidence to be adduced into the Appeal, with each party bearing its own costs, on the following conditions:-
(i) PSB is given 21 days from 5 January 2024 to file and serve an affidavit to explain the relevancy and the impact of the new documents; and
(ii) Upon receiving PSB’s abovementioned affidavit, SPYTL is given 21 days to file an affidavit in response explaining their position on the new documents adduced, and to file SPYTL’s relevant documents as exhibits in their affidavit in response.
In this respect, the hearing of the substantive Appeal has been postponed pending the exchange of affidavits between parties, and the date of the hearing shall be fixed during the case management to be held on 23 February 2024.
During the case management on 23 February 2024, the Court has fixed the hearing date for the Appeal proper on 2 May 2024. The Court further directed parties to file any further written submissions by 17 April 2024 and a case management is fixed on 18 April 2024.
This announcement is dated 26 February 2024.
