We refer to the announcements issued on 25 February 2019, 6 March 2019 and 9 April 2019 in relation to the abovesaid Construction Court Suit and Civil Suit (“Announcements”). Unless otherwise stated, the terms used herein shall have the same meanings stated in the Announcements. The Company wishes to announce the following updates based on the case management conducted on 17 April 2019.

Construction Court Suit

By way of Originating Summons dated 17 January 2019, the Plaintiff had initiated an action under Section 30 of the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) against 1st Defendant (i.e. Dekad Kaliber) and 2nd Defendant (i.e. Rimarisan) to obtain full payment of the adjudication sum of RM 1,155,874.10.

Prior to this action, the Plaintiff had pursued adjudication proceedings against Synergycentric Sdn Bhd (“Synergycentric”) and obtained adjudication decision on 1 November 2018 which was in favour of the Plaintiff. However, Synergycentric has gone into liquidation and has not made any settlement to the adjudication sum. As such, the Plaintiff pursues an action against the principals of Synergycentric, i.e. 1st and 2nd Defendants under Section 30 of the CIPAA 2012.

The case managements were held on 5 March 2019, 29 March 2019, 4 April 2019 and 17 April 2019.

1. The 1st Defendant (i.e. Dekad Kaliber) had filed for Extension of time (“EOT”) to allow its out of time affidavit to be accepted. In order to save time and cost, the Plaintiff had decided to request for cost instead of replying affidavit before the judge at the date of the hearing of the matter and case management for this has been fixed on 2 May 2019.
2. The 2nd Defendant (i.e. Rimarisan) had filed for striking out and EOT to reply the Plaintiff’s affidavit. The Court has directed for the 2nd Defendant’s striking out and EOT to be heard together. The Plaintiff will be objecting to both applications and parties are required to file submission accordingly before hearing fixed on 31 May 2019. The next case management has been changed from 26 April 2019 to 21 May 2019.
3. The next case management for Construction Court Suit is fixed on 31 May 2019.

Civil Court Suit

By way of a Civil Suit on 17 January 2019, the Plaintiff had filed an action for breach of contract pursuant to the Sale and Purchase Agreement dated 18 July 2017 (SPA) between the Plaintiff and Synergycentric Sdn. Bhd. for a sum amounting to RM 1,156,048.18, being the outstanding invoices under the SPA.

1. 1st Defendant had filed for striking out and hearing has been fixed on 21 May 2019. Written submission to be filed at any time before the hearing.
2. 2nd Defendant had filed an application to amend its defence and the Court has directed Plaintiff to file its reply to 2nd Defendant's amendment application by 3 May 2019 and the hearing is fixed on 3 June 2019.
3. The court has set trial tentatively on 19 and 20 August 2019 for the Civil Suit.

Further material developments to the abovementioned Construction Court Suit and the Civil Suit will be announced in due course.

This announcement is dated 18 April 2019.