General Announcement for PLC

29/09/2015

MATERIAL LITIGATION WINTONI GROUP BERHAD (THE COMPANY or WINTONI) INVOLVEMENT IN LITIGATION KUALA LUMPUR HIGH COURT SUMMONS NO: 22-NCC-273-09/2015

WINTONI GROUP BERHAD

Type Announcement
Subject MATERIAL LITIGATION
Description
WINTONI GROUP BERHAD (THE COMPANY or WINTONI)
INVOLVEMENT IN LITIGATION KUALA LUMPUR HIGH COURT SUMMONS NO: 22-NCC-273-09/2015

The Board of Directors of the Company wishes to announce that the Company was served with a sealed writ of Summon No: 22-NCC-273-09/2015 and Statement of Claim on 24 September 2015. The action was brought by Dato’ Tey Por Yee (the “Plaintiff”), a former director of the Company, against the Company and 39 other Defendants, being the following:

  1. Yap Kok Weng
  2. Gan Ber Koon
  3. Low Thiam Chin
  4. Soh Hee Pin
  5. Lim Eng Tiong
  6. Thum Kok Mun
  7. Ng Giap Sheng
  8. Lau Cheh Chai
  9. Tan Chon Hoo @ Tan Choon Hoo
  10. Pau Siew Kee
  11. Tan Tze Fong
  12. Sze See Chuen
  13. Lee Chin Chow
  14. Tan Bee Kheng
  15.  Tan Choon Kee
  16. Lou Ai Chou
  17. Tan Choon Yean
  18. Wong Choe Kong
  19. Tan Kwee Hong @ Tan Kwee Lian
  20. Pau Shian Hai
  21. Ngan Bee Poh
  22. Chang Khim Wah
  23. Tang Pei Ee
  24. Ong Yew Leng
  25. Sun Chu Thiam @ Soon Chu Thiam
  26. Tan Sau Mooi
  27. Loh Khee Feei
  28. Kang Choon Leu @ Kang Chee Sim
  29. Khow Eng Guan
  30. Thean Lip Chong
  31. Quah Joo Leng
  32. Credit Industriale et Commercial
  33. Quah Keat Kar @ Kuah Kiat Ka
  34. Koh Wei Sheng
  35. Lai Siew Thai @ Lai Siew Ti
  36. Chong Voon Ying
  37. Koh Wei Thong
  38. Koh Siang Siang
  39. Wong Tuck Kuan

The Plaintiff’s claim is as follows:-

  1. A declaration that defendants other than the Company are parties acting in concert in the acquisition of control of the Company;
  2. A declaration that the defendants other than the Company have breached the Malaysian Code on Take-Overs and Mergers 2010 and the Capital Markets and Services Act 2007 in failing to make a mandatory general offer for the shares of the Company;
  3. An order directing the defendants other than the Company or one or more of them to make a mandatory general offer for the shares in the Company in accordance with the Malaysian Code on Take-Overs and Mergers 2010; and
  4. An order restraining other defendants, or any one or more of them, their servants and agents:- (a) from holding or proceeding with any Extraordinary General Meeting or Annual General Meeting or any other meeting of the Company or any adjournment thereof; (b) appointing a director to the Board of Directors of the Company; (c) from removing or threatening to remove a director from the Company’s Board of Directors or to request for the resignation of a director from the Company’s Board of Directors; (d) proposing or voting for a resolution to remove any director of the Company at any Extraordinary General Meeting or Annual General Meeting or any other meeting of the Company; and/or (e) from voting or causing to any person from voting any of the other defendants shares in the Company, whether held in their name of beneficially held for them in the name of others or held by nominees as security for the facility; (f) from disposing or dealing with any of their shares in the Company; until an offer document in accordance with the Malaysian Code on Take-Overs and Mergers 2010 is sent to the shareholders of the Company.

No remedy is sought against the Company per se and accordingly, the Company is unable at this juncture to determine the impact of this action on the financial position of the Company.

The Company has instructed its solicitors to enter appearance.

This announcement is dated 28 September 2015.






Announcement Info

Company Name WINTONI GROUP BERHAD
Stock Name WINTONI
Date Announced 29 Sep 2015
Category General Announcement for PLC
Reference Number GA1-28092015-00036