31 July 2008
Type | Reply to query |
Reply to Bursa Malaysia's Query Letter - Reference ID |
NM-080730-45526 |
Subject | KUALA LUMPUR HIGH COURT CIVIL SUIT NO: D3-22-1242 OF 2008 CELCOM (MALAYSIA) BERHAD V TELEKOM MALAYSIA BERHAD, TELEKOM ENTERPRISE SDN BHD & 19 OTHERS |
Contents | We refer to our announcement dated 29 July 2008 and letter from Bursa Malaysia Securities Berhad dated 30 July 2008 in relation to the above matter. |
Query Letter Contents | We refer to your Company's announcement dated 29 July 2008. In this connection, kindly furnish Bursa Securities with the following additional information for public release :- 1. The interest rate on the amount claimed. 2. The financial and operational impact of the Suit on the group. 3. The expected losses, if any, arising from the Suit. Kindly furnish Bursa Securities with your reply within one (1) market day from the date hereof. Yours faithfully TAN YEW ENG Head, Issuers Listing Division, Regulation TYE/NMA Copy to : Head, Market Surveillance Department, Market Supervision Division, Securities Commission (via fax) |
Item 1. The interest rate on the amount claimed.
The Statement of Claim did not specify any specific rate of interest. However under the Rules of the High Court 1980, the maximum a court can award is 8% per annum. As such, TM’s exposure in respect of interest, if any, would therefore be limited at 8% per annum calculated from the date of Judgment until full realization of the Judgment Sum.
Item 2. The Financial and Operational Impact of the Suit on TM Group
Based on preliminary legal advice, the likelihood that TM will be found liable for the relief claimed in the Suit is very slim and it is highly probable that the Suit will ultimately be disposed off at full trial. It is estimated that it will take between 3 to 5 years for the Suit to come up for trial in the High Court. In addition, it is also expected that the losing party will appeal to the higher courts. As such, there should not be any immediate financial implication that requires major provisioning for contingencies in the event that TM is not successful in defending the case. Operationally, the impact would be on the management time to respond to the claim and the legal costs in defending the suit.
Item 3. The expected losses if any arising from the Suit
Based on preliminary legal advice, the only specified amount claimed under the Suit is USD232,999,745.80. Apart from the specific amount claim, Celcom also sought declarations of various relief, the effect of which is to seek to unwind the acquisition of TM Cellular, the mandatory general offer by TM for the shares in Celcom and the de-merger of TM's fixed line and mobile business, which cannot be quantified at the present moment.
Company Name | TELEKOM MALAYSIA BERHAD |
Stock Name | TM |
Date Announced | 31 Jul 2008 |
Category | General Announcement |
Reference No | TM-080731-45545 |