MATERIAL LITIGATION SUNWAY REAL ESTATE INVESTMENT TRUST - LEGAL PROCEEDINGS INSTITUTED BY OSK TRUSTEES BERHAD (AS TRUSTEE FOR SUNWAY REAL ESTATE INVESTMENT TRUST) AND SUNWAY REIT MANAGEMENT SDN BHD AGAINST METROPLEX HOLDINGS SDN BHD (ORIGINATING SUMMONS NO: 24NCVC-1255-2011)
|SUNWAY REAL ESTATE INVESTMENT TRUST|
|Description||SUNWAY REAL ESTATE INVESTMENT TRUST|
- LEGAL PROCEEDINGS INSTITUTED BY OSK TRUSTEES BERHAD (AS TRUSTEE FOR SUNWAY REAL ESTATE INVESTMENT TRUST) AND SUNWAY REIT MANAGEMENT SDN BHD AGAINST METROPLEX HOLDINGS SDN BHD (ORIGINATING SUMMONS NO: 24NCVC-1255-2011)
We refer to our announcement made on 2 June 2011 on the above matter.
We wish to announce that the High Court of Malaya in Kuala Lumpur on 28 June 2011, has declared that OSK Trustees Berhad as trustee for Sunway Real Estate Investment Trust (“First Plaintiff”) is the legal owner of the property held under Geran No. 10012 Lot No 38, Section 51, Mukim dan Daerah Kuala Lumpur, Negeri Wilayah Persekutuan known as Putra Place (“Property”) since 19 April 2011 and granted the following orders:-
1. An order that Metroplex Holdings Sdn Bhd (“Defendant”), its servants or agents or otherwise hand over to Sunway REIT Management Sdn Bhd (“Second Plaintiff”) control and management of the Property and all management and accounting records of the Property including but not limited to a listing of all licensees, tenants, occupiers, service providers and any other contract parties and their respective contracts, within 72 hours from the date of this order.
2. An order that the Defendant, its servants or agents or otherwise deliver up, within 72 hours, possession of each and every part of the Property that the Defendant, its related companies, its servants or agents or otherwise are in possession, occupation or control.
4. An order that the private caveat lodged by the Defendant over the Property on 29 April 2011 under Presentation No. 6719/2011 be cancelled and removed forthwith by the Pendaftar Hakmilik Wilayah Persekutuan.
5. An order that the Defendant, its related companies, officers, servants, agents and nominees be restrained from lodging any further private caveat over the Property and any private caveat lodged by them after 29 April 2011 be also cancelled and removed forthwith by the Pendaftar Hakmilik Wilayah Persekutuan.
6. An order that the Defendant within 2 days from the date of this order files and serves an affidavit providing a true account of all income and receipts derived or received by the Defendant from the Property since 19 April 2011 together with all supporting documents and pays all such income and receipts to the Second Plaintiff, within 14 days from the date of this order.
7. An order that in the event the Defendant, its servants, agents or otherwise fails to hand over control and management of the Property or fails to deliver up possession as ordered above and all other parts of the Property that the Defendant, its related companies, its servants, agents or otherwise are in possession, occupation or control of within the time period ordered:-
(a) The Second Plaintiff and the court bailiff be authorised to enforce and execute this order and if necessary break open any outer or inner door or window of any part of the Property or any receptacle therein, using such force as is reasonably necessary; and
(b) The Police be directed to provide all necessary assistance to the Second Plaintiff and court bailiff in enforcing and executing this order.
8. An order that the Defendant pay damages and/or aggravated damages, including mesne profits from 19 April 2011 until possession is delivered up, to be assessed by the Registrar of the High Court.
9. An order that the Defendant pay mesne profits from 19 April 2011 and continuing at a rate to be assessed by the Registrar of the High Court until possession is delivered up.
10. Interest on all sums ordered to be paid at such rate and for such period as the High Court deems proper.
11. Costs be paid by the Defendant to the First Plaintiff and the Second Plaintiff on a full indemnity basis.
This announcement is dated 28 June 2011.
|Company Name||SUNWAY REAL ESTATE INVESTMENT TRUST|
|Date Announced||28 Jun 2011|