KUALA LUMPUR (Oct 9): The Defence Ministry and the government have given an undertaking to not seize Aerotree Defence & Services Sdn Bhd’s RM1.87 million bank guarantee following the company’s purported failure to supply four US-made Black Hawk UH-60A helicopters for the Royal Malaysian Air Force — until the e-review of the case on Oct 23.
In a letter sighted by The Edge, the Attorney General’s Chambers, represented by senior federal counsel (SFC) Nik Mohd Noor Nik Kar, dated Oct 2, the ministry and the government had asked for Thursday’s (Oct 9) scheduled hearing before High Court judge Datuk Dr Arik Sanusi Yeop Johari to be vacated.
This is because Nik Mohd Noor has to attend the hearing of the government’s appeal in the Shaariibuu Setev and next of kin case over payment of a global sum of RM5 million in damages with political analyst Abdul Razak Baginda.
The SFC added that the ministry and the government need more time to reply to Aerotree Defence’s application for an interim injunction on the bank guarantee being seized or part thereof.
“Following this, the defendants agree to ensure that there would be no seizure or disposal of the bond guarantee until the injunction application is decided by the court.
“We noticed that Oct 23 has been fixed for case management for e-review, and propose this (undertaking) be extended till then, and that Thursday’s hearing date be vacated. The defendants also seek to file an affidavit in reply by Friday (Oct 10) and the company be allowed to reply within an appropriate time if needed,” Nik Mohd Noor said.
The government’s lawyer also gave Nov 14 as a suitable date for the hearing of the company’s interim injunction application.
It is understood that the ministry and the government’s request was allowed by the High Court, with the hearing on Thursday vacated.
Aerotree Defence had named the Malaysian government and the Defence Ministry, as well as the ministry’s secretary general as defendants, for cancelling a five-year lease agreement involving the four Black Hawk helicopters.
The suit filed through Messrs Hafarizam, Wan Aisha & Mubarak at the Kuala Lumpur High Court, sees the company asking the court to order the Defence Ministry and the government to follow through with the helicopter lease deal based on the acceptance letter dated Apr 17, 2023. If the deal can’t be carried out, the company wants:
- RM17.5 million in special damages;
- RM38.7 million in further damages; and
- US$69.95 million (about RM297.3 million) in additional compensation
Aerotree Defence is also seeking to block the government from using a RM1.87 million bank guarantee it provided, and asking for general damages for loss of reputation, plus exemplary and aggravated damages to be decided by the court.