KUALA LUMPUR (April 6): Capital A Bhd (formerly known as AirAsia Group Bhd) has filed motions for leave to appeal to the Federal Court against the dismissal of its bids to strike out a suit filed by a Malaysia Airports Holdings Bhd (MAHB) unit over outstanding passenger service charges, as well as the summary judgment granted to the MAHB unit in the case.
Its three appeals to strike out the original suit filed by the MAHB unit — Malaysia Airports Sepang Sdn Bhd or MASSB — together with its appeals against the summary judgment the High Court granted to MASSB for a total of RM41.55 million (comprising outstanding PSCs, late payment charges and costs) against AirAsia Bhd and AirAsia X Bhd, were dismissed by the Court of Appeal on March 3.
In a bourse filing Wednesday (April 6), Capital A said its wholly-owned AirAsia has filed the motions for leave to appeal on April 1.
"Further announcement in respect of any material development on the matter will be made from time to time in compliance with the requirements of the Main Market Listing Requirements of Bursa Malaysia Securities Bhd,” the group added.
MASSB's claim against AirAsia and AAX is for unpaid PSCs at the rate set by the Malaysian Aviation Commission (MAVCOM). MASSB initiated the lawsuit in 2018, claiming AirAsia had not collected and refused to collect the PSCs — which were revised to the same rate as the Kuala Lumpur International Airport — from travelling passengers at klia2.
At the time, AirAsia had said the claims were unjustified and unreasonable as it contended that klia2 is a low-cost airport and so, the charges levied should not be the same as KLIA and that it was not obliged to collect the same PSC rates for passengers departing from klia2.
AirAsia and AAX also subsequently filed a RM479.78 million suit in October 2019 against MAHB for loss and damages they reportedly sustained due to the negligence of MASSB at klia2, saying they did not want to do so but that MAHB and MAVCOM had forced their hand. MASSB is responsible for managing and operating KLIA and klia2.