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:
- Yap Kok Weng
- Gan Ber Koon
- Low Thiam Chin
- Soh Hee Pin
- Lim Eng Tiong
- Thum Kok Mun
- Ng Giap Sheng
- Lau Cheh Chai
- Tan Chon Hoo @ Tan Choon Hoo
- Pau Siew Kee
- Tan Tze Fong
- Sze See Chuen
- Lee Chin Chow
- Tan Bee Kheng
- Tan Choon Kee
- Lou Ai Chou
- Tan Choon Yean
- Wong Choe Kong
- Tan Kwee Hong @ Tan Kwee Lian
- Pau Shian Hai
- Ngan Bee Poh
- Chang Khim Wah
- Tang Pei Ee
- Ong Yew Leng
- Sun Chu Thiam @ Soon Chu Thiam
- Tan Sau Mooi
- Loh Khee Feei
- Kang Choon Leu @ Kang Chee Sim
- Khow Eng Guan
- Thean Lip Chong
- Quah Joo Leng
- Credit Industriale et Commercial
- Quah Keat Kar @ Kuah Kiat Ka
- Koh Wei Sheng
- Lai Siew Thai @ Lai Siew Ti
- Chong Voon Ying
- Koh Wei Thong
- Koh Siang Siang
- Wong Tuck Kuan
The Plaintiff’s claim is as follows:-
- A declaration that defendants other than the Company are parties acting in concert in the acquisition of control of the Company;
- 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;
- 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
- 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.