KUALA LUMPUR: The Court of Appeal has dismissed an appeal by TELEKOM MALAYSIA BHD [] and its unit TM Net Sdn Bhd over a'' suit filed by Network Guidance Sdn Bhd in 2009 where the amount of damages was later amended to RM400 million.
TM said on Tuesday, Jan 11 the Court of Appeal dismissed with costs TM and TM Net's appeal against the High Court's decision dated Aug 9, 2010 to dismiss their application to strike-out Network Guidance's writ and amended statement of claim.
"TM and TM Net are presently seeking legal advice on whether they should apply for leave to appeal to the Federal Court against the decision of the Court of Appeal.
"TM will make further announcement of any material development on this matter from time to time," it said.
On Aug 11, 2009, TM and TM Net were served with a writ of summons and statement of claim by Network Guidance in connection with a purported joint venture in regard to a project described in the statement of claim as "Fine TV Services".
Initially, Network Guidance was seeking from TM and TM Net jointly and severally the following relief: a) (i) special damages in the sum of RM7 million; (ii) interest in the sum of RM1 million.
On Oct 13,2009 TM and TM Net's solicitors were served with an amended statement of claim by Network Guidance.
"The amended claim essentially entails a quantification of Network Guidance's claim for aggravated damages and exemplary damages. Network Guidance have quantified their claim for aggravated Damages at RM200 million and exemplary damages at RM200 million," it said.
TM said on Tuesday, Jan 11 the Court of Appeal dismissed with costs TM and TM Net's appeal against the High Court's decision dated Aug 9, 2010 to dismiss their application to strike-out Network Guidance's writ and amended statement of claim.
"TM and TM Net are presently seeking legal advice on whether they should apply for leave to appeal to the Federal Court against the decision of the Court of Appeal.
"TM will make further announcement of any material development on this matter from time to time," it said.
On Aug 11, 2009, TM and TM Net were served with a writ of summons and statement of claim by Network Guidance in connection with a purported joint venture in regard to a project described in the statement of claim as "Fine TV Services".
Initially, Network Guidance was seeking from TM and TM Net jointly and severally the following relief: a) (i) special damages in the sum of RM7 million; (ii) interest in the sum of RM1 million.
On Oct 13,2009 TM and TM Net's solicitors were served with an amended statement of claim by Network Guidance.
"The amended claim essentially entails a quantification of Network Guidance's claim for aggravated damages and exemplary damages. Network Guidance have quantified their claim for aggravated Damages at RM200 million and exemplary damages at RM200 million," it said.
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