Bursa Announcements

We refer to our announcements dated 15 May 2017, 27 November 2017 and 29 November 2017 pertaining to the defence on a Motion to Add and Correct Complaint against Narita Motorcare (Cambodia) Co. Ltd (“Narita”), Mr Long Narith and Ms Pich Sokhom, the representatives of Narita (collectively, the “Plaintiffs”) filed by ETCM (C) Pty Ltd (“ETCM (C)”) and Tan Chong Motor (Cambodia) Pty Ltd (“TCMC”) (collectively, the “Defendants”), both wholly-owned subsidiaries of Tan Chong Motor Holdings Berhad (“Company”).   

The Company wishes to inform that our solicitors had, on 2 May 2018, received the written judgement in Khmer language from the Court of Appeal in Phnom Penh arising from the appeal filed by the Plaintiffs against the judgement of the Court of First Instance and which an English Language translation was subsequently obtained on 7 May 2018.

The Court of Appeal has upheld the decision of the Court of First Instance and:

(i)   recognised the non-existence of the agreements between Narita and Kjaer Group, ETCM (C) and TCMC;

(ii)  ordered Narita to stop using the Nissan mark in all its business operations and remove the Nissan mark being used, from the billboards and advertisement of any kind;

(iii) ordered Narita to stop harassing ETCM (C) and TCMC in all manners; and

(iv) ordered all litigation costs to be paid by Narita.

However, the Court of Appeal has:

(a)    cancelled all the damages which were ordered to be paid by Narita, Mr Long Narith and Ms Pich Sokhom to ETCM (C) and TCMC totalling USD8,037,818.00 for actual losses and emotional damages which have been caused by the rulings arising from the 2015 and 2016 Preservative Relief Order, and

(b)     instead, ordered ETCM (C) and TCMC to pay damages of USD329,208 to Narita, represented by Mr Long Narith and Ms Pich Sokhom.

Both ETCM (C) and TCMC have instructed their solicitors to file an appeal against the award at the Supreme Court.

This announcement is dated 14 May 2018.