Affidavit in Reply - Lecture notes 6 PDF

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IN THE HIGH COURT OF MALAYA IN SHAH ALAMIN SHAH ALAM, SELANGOR DARUL EHSAN(COMMERCIAL DIVISION)CIVIL SUIT NO. BA-22NCVC-520–09/BETWEENMALAYSIA AIRPORTS SDN BHD ..[Company No.: 199597192795 (329405-V)]ANDAPFT LAND SDN BHD ... DEFENDANT(Company No.: 19901083902 (488260-W)]AFFIDAVIT IN REPLY(in reply t...

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IN THE HIGH COURT OF MALAYA IN SHAH ALAM IN SHAH ALAM, SELANGOR DARUL EHSAN (COMMERCIAL DIVISION) CIVIL SUIT NO. BA-22NCVC-520–09/2017

BETWEEN

MALAYSIA AIRPORTS SDN BHD

…PLAINTIFF

[Company No.: 199597192795 (329405-V)]

AND

APFT LAND SDN BHD

… DEFENDANT

(Company No.: 19901083902 (488260-W)]

AFFIDAVIT IN REPLY (in reply to the Plaintiff's Affidavit in Support of its application under Order 14 of the Rules of Court, 2012)

I, AHMAD BIN ABDULLAH (I/C Number: 770819-10-6673), a Malaysian citizen of full age and having an address at No 1, Jalan AU 3/8D, Taman Datuk Keramat, 54200, Kuala Lumpur, Malaysia, do hereby solemnly and sincerely affirm and state as follows:

1) I am an Executive Director of the Defendant’s company (“APFT Land Sdn Bhd”) and duly authorized by the Defendant to depose this Affidavit on its behalf.

2) The facts deposed to herein are within my own personal knowledge and from the

information I have obtained from Defendant's documents and records, to which I have full access, unless the contrary is stated. 3) I depose this affidavit on behalf of the Defendant to oppose the Plaintiff's application under Order 14 of the Rules of Court, 2012. 4) I humbly request the leave of this High Court to refer to the following cause papers filed, as follows: a) Plaintiff’s Writ of Summons hereinafter referred to as “WS” and Statement of Claim hereinafter referred to as “SOC” dated 7th November 2020 b) Defendant’s Memorandum of Appearance hereinafter referred to as “MOA” dated 12th November 2020. c) Defendant’s Statement of Defence hereinafter referred to as “SOD” dated 15th November 2020. The Notice of Application under Order 14 of the Rules of Court, 2012 dated 30th November 2020 (“The Plaintiff's Notice of Application”); d) The Plaintiff's Affidavit in Support filed by FIEZAL BIN MOHD NOOR (I/C NO.: 620322-08-3233) on

30th November 2020 (“Plaintiff Affidavit in

Support”). 5) Paragraphs 5, 6, 7 and 8 of the Affidavit in Support are categorically denied. The Defendants state that the actual chronology of the events as it happened on 31 March 2017 is as follows:-

5.1 The Plaintiff had given to the Defendant, a concession over a piece of land for the Defendant to carry out maintenance, repair, overhaul and aircraft services at the Light Aircraft Centre located at the Sultan Abdul Aziz Shah Subang Airport; 5.2 The Defendant’s company did not signed the Letter of Offer;

A copy of the letter of offer sent to the defendant dated 30th January 2015 is attached herewith and marked as Exhibit “ AR-1” 5.3 Among the terms of the said concession were: 5.4 The period of the concession was 15 years for the three plot “hangar” at the Light Aircraft Centre located at the Sultan Abdul Aziz Shah Subang Airport; 5.5 Such plots are to be used for maintenance, repair, over- haul an aircraft services; 5.6 The Defendant’s company to prepare such plans, architect, landscape and rebuild to develop “hangars” that was endorsed by the Plaintiff; 5.7 The Defendant’s company had rebuild and/or develop Hangar 2 area with such higher costs amounting to RM5 million; 5.8 The Plaintiff has agree to evade settlers at “hangar 1 area 6) Paragraph 9, of the Affidavit in Support is denied as the Plaintiff had first breached the agreement where they failed to deliver vacant possession of Hanger 1 as provided in the letter of appointment dated 9th February 2015. A copy of the letter of appointment sent to the defendant dated 9th February 2015 is attached herewith and marked as Exhibit “ AR-2” 7) Paragraph 10, of the Affidavit in Support is denied as all recent letters from the defendant and the said other company to the plaintiff were issued for the purposes of global settlement and therefore without any admission of liability and in any event, are inadmissible. 8) Paragraph 17 of the Affidavit in Support is denied. The Defendant put a strict burden of proof on the Plaintiff to proof all the allegations against the Defendant.

9) Except for any express admission contained herein, all paragraphs in the Affidavit in Support are traversed seriatim. 10) Wherefore, I respectfully apply and pray to this High Court that the Plaintiff's Notice of Application under Order 14 of the Rules of Court, 2012 to be dismissed with costs. To an affidavit by a deponent

)

AHMAD BIN ABDULLAH ) I/C Number: 770819-10-6673 ) Affirmed on 12 day of December 2020 ) affirmed by at No. 142B, Bangunan UMNO ) Selangor, Jalan Ipoh, 51200, Kuala Lumpur. )

 …………………………. (AHMAD BIN ABDULLAH) Before me,

……….…………………………. ( Commissioner of Oaths)

This AFFIDAVIT IN REPLY is filed by MESSRS BADA & PARTNERS, the Defendant's Solicitors whose address for service is at No 12 Jalan Ros, 54000 Kuala Lumpur. (Tel No. : 03-13082525 ; Fax No. : 03-13082526 , Email: info@bada&p.com) [Ref:BA/11/20]

IN THE HIGH COURT OF MALAYA IN SHAH ALAM IN SHAH ALAM, SELANGOR DARUL EHSAN (COMMERCIAL DIVISION) CIVIL SUIT NO. BA-22NCVC-520–09/2017 BETWEEN MALAYSIA AIRPORTS SDN BHD [COMPANY NO.: 199597192795 (329405-V)]

…PLAINTIFF

AND

APFT LAND SDN BHD

… DEFENDANT

(COMPANY NO.: 19901083902 (488260-W)] CERTIFICATE IDENTIFYING EXHIBITS

I hereby certify that this is the exhibit marked as "AR-1" referred to in the Affidavit in Reply by AHMAD BIN ABDULLAH (I/C Number: 770819-10-6673) affirmed before me on the 12 day of December 2020.

BEFORE ME

………………………………………… COMMISSIONER FOR OATH

Malaysia Airports Corporate Office, Persiaran Korporat KLIA Kuala Lumpur International Airport, 64000 Sepang, Selangor Darul Ehsan.

______________________________________________________________________________

To,

APFT LAND SDN BHD, 17-9 & 19-9, 9th Floor, Mid Valley Megamall, Lingkaran Syed Putra, Mid Valley City, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.

Date: 30th January 2015

Dear Sir, LETTER OF OFFER FOR CONCESSION OF HANGER 1, HANGER 2, & HANGER 3 It has come to our attention that your company is involved with the business of providing services which include maintaining, repairing and overhauling aircrafts. We do have several hangers that are currently vacant which we think your company might be interested to occupy. Hence, we would like to offer you the concession of the abovementioned hangers in order for your company to carry out maintenance, repair, overhaul and aircraft services at the Light Aircraft Centre located at the Sultan Abdul Aziz Shah Subang Airport. 2.

Details of the hanger are as follows:

I

SECURITY DEPOSIT

RM18,024 x 3 Months = RM54,072

II

CONCESSION FEE (PER MONTH)

RM18,024

III

CALCULATION OF THE CONCESSION FEE (PER MONTH)

RM 0.80 Per sqft x 22,530 sq ft

IV

DESCRIPTION OF THE CONCESSION AREA

A piece of land measuring approximately 22,530 sq ft located at Light Aircraft Centre located at Sultan Abdul Aziz Shah Subang Airport.

3. If our offer is acceptable, we will give you the concession for the said hangers for a term of approximately 15 years. We would like to confirm that the offer is irrevocable and shall be open for 30 days from date thereof, for acceptance by you. Date: 30 January 2015

Yours faithfully,

MASB ………………………… (Malaysia Airlines Berhad)

IN THE HIGH COURT OF MALAYA IN SHAH ALAM IN SHAH ALAM, SELANGOR DARUL EHSAN (COMMERCIAL DIVISION) CIVIL SUIT NO. BA-22NCVC-520–09/2017 BETWEEN MALAYSIA AIRPORTS SDN BHD [COMPANY NO.: 199597192795 (329405-V)]

…PLAINTIFF

AND

APFT LAND SDN BHD

… DEFENDANT

(COMPANY NO.: 19901083902 (488260-W)] CERTIFICATE IDENTIFYING EXHIBITS

I hereby certify that this is the exhibit marked as "AR-2" referred to in the Affidavit in Reply by AHMAD BIN ABDULLAH (I/C Number: 770819-10-6673) affirmed before me on the 12 day of December 2020.

BEFORE ME

………………………………………… COMMISSIONER FOR OATH

Malaysia Airports Corporate Office, Persiaran Korporat KLIA Kuala Lumpur International Airport, 64000 Sepang, Selangor Darul Ehsan.

______________________________________________________________________________

To,

APFT LAND SDN BHD, 17-9 & 19-9, 9th Floor, Mid Valley Megamall, Lingkaran Syed Putra, Mid Valley City, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.

Date: 9th February 2015

Dear Sir,

LETTER OF APPOINTMENT AS CONCESSIONAIRE OF HANGER 1,2 & 3 The purpose of this letter is to inform you that your company’s acceptance of our offer for concession of the hanger 1, hanger 2 and hanger 3 located at the Light Aircraft Centre at the Sultan Abdul Aziz Shah Subang Airport, has been approved by our company. 2. Therefore we would like to invite you to attend the contract signing ceremony which will be conducted in order to officiate this agreement. The details of the ceremony is as follows: Place: Meeting room 1, Movenpick Hotel And Convention Centre Klia Kompleks Th Sepang, 10, Jalan Masjid Klia, 64000 Sepang, Selangor. Date : 18 February 2015 Time: 1100 hrs

3. The vacant possession of the hanger 1, hanger 2 and hanger 3 will be handed to you upon the signing of the concession agreement. 4. We would also like to take this opportunity to congratulate you for your appointment as the concessionaire of the hangers. We would also like to let you know that you are entitled to all the rights of enjoying and using any facility that comes with the concession of the hangers. We wish you the best during your stay.

Yours faithfully,

MASB ………………………… (Malaysia Airlines Berhad)...