KUALA LUMPUR (Dec 30): AirAsia X Bhd (AAX) and AAX Leasing Two Ltd has applied to set aside the foreign judgement obtained by BOC Aviation Ltd in the High Court of Justice, Business and Property Courts of England and Wales in November, which is enforced in the Malaysian courts here on Dec 7.
The matter came up for case management before High Court deputy registrar Norazlin Othman today. She gave several directions for parties to file affidavits and fixed April 12 for the probable hearing of AAX and the other company's application.
BOC Aviation, which is represented by counsel Kwan Will Sen of Messrs Lim Chee Wee Partnership, is objecting to AAX's application to set aside the enforced judgement on the grounds that there is no restraining order obtained by the airline, as it sought a scheme hearing at another High Court.
“We also say that the scheme hearing applied by AAX is distinct,” Kwan told The Edge when contacted today.
On the other hand, AAX, represented by Steven Thiru & Sudhar Partnership, is arguing to set aside the judgement as it would depend on the scheme hearing that it had applied in another High Court (Commercial division) before Judicial Commissioner Ong Chee Kwan, and the ability of the airlines obtaining a restraining order.
A scheme hearing is a hearing to sanction an order granted by a court.
BOC Aviation had filed for an ex-parte order on Dec 2, to enforce the summary judgement it obtained from the High Court of Justice, Business and Property Courts of England and Wales. The enforcement was granted by the High Court here five days later on Dec 7.
This is for BOC Aviation to seek AAX and AAX Leasing, both of which are classified as judgement debtors, to pay judgement creditor the sum of US$23.37 million (RM96.84 million) that comprised:
- the sum of US$22.97 million (inclusive of interest to June 30, 2020) claimed in the proceedings, and
- US$401,386.85 in respect of interest between July 1 and Nov 6, 2020.
Both companies are also required by the British courts to pay costs of £75,000 to BOC Aviation.
Meanwhile, at Ong's court, there will be a continued scheme hearing on Jan 14, as it is understood that AAX also was not granted an ad-interim restraining order today against its creditor where Ong fixed the same date (Jan 14) as case management.