28 March 2022
The Kuala Lumpur High Court has dismissed the Malaysia Airports (Sepang) Sdn Bhd (MASSB)’s application to strike out AirAsia Bhd and AirAsia X Bhd’s (AAX) claim for the sum of RM479.78 million last Friday (March 25).
The two Capital A Bhd subsidiaries are suing MASSB, a wholly-owned unit of Malaysia Airport Holdings Bhd (MAHB), for loss and damages from 2014 to 2018 due to negligence on the part of MASSB, owing to disruptions and poor conditions at klia2.
MASSB is responsible for managing and operating KLIA’s main terminal and klia2.
AirAsia and AAX filed the suit in Oct 2019, claiming the amount from MASSB, “being loss and damage caused by negligence on the part of MASSB, its servants or agents in the management, operation, maintenance and provision of airport services and facilities at klia2”.
The claim by the two airliners includes RM371 million for loss of customers, RM99.6 million for runway closures, RM5.6 million for consequential failure to provide services, RM1 million for damage to aircraft and internet outage, and RM2.5 million for operations disruptions.
Capital A announced the court decision in a company filing on Monday (March 28). The Kuala Lumpur High Court has fixed the next case management for April 4, 2022, it added.
Separately on March 3 this year, the Court of Appeal has dismissed three striking out appeals by AirAsia and AAX against the original suit by MASSB relating to outstanding passenger service charges (PSCs).
MASSB’s claim against AirAsia and AAX is for unpaid PSCs at the rate set by the Malaysian Aviation Commission (Mavcom), which was raised to RM73 per passenger in 2018, from RM50 prior to that.
Shares in Capital A ended 1.5 sen or 2.24% lower to 65.5 sen on Monday, valuing the group at RM2.73 billion.
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