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AirAsia, AirAsia X in RM400m counterclaim against MAHB

By Sarah ChenMalaysia
2 min read
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AirAsia Group Bhd and its affiliate AirAsia X Bhd are seeking over RM400 million in counterclaims against Malaysia Airport Holdings Bhd (MAHB) in relation to the suit filed against them over the passenger service charges (PSC) collection. AirAsia and AirAsia X told Bursa Malaysia that they had filed a statement of defence against Malaysia Airports (Sepang) Sdn Bhd (MASSB), a wholly-owned subsidiary of Malaysia Airport Holdings Bhd (MAHB).

“In the statement of defence, AirAsia Bhd (AAB) contended, amongst others, that the claim by MASSB is misconceived, invalid and/or premature as MASSB has not complied with and/or availed itself of the statutory provisions for dispute resolution within the Malaysian Aviation Commission Act 2015 (Mavcom Act). Accordingly, AAB has filed an application to strike out the suit on the above grounds,“ said AirAsia.

“Further, AAB together with its affiliate AirAsia X Bhd (AAX), will be availing themselves of the statutory provisions for dispute resolution within the Mavcom Act to seek more than RM400 million in counter-claims against MASSB and/or MAHB for losses and damages experienced by AAB and AAX due to operational disruptions at klia2,” it added.

Last month, AirAsia was being sued for refusing to collect the additional RM23 PSC per passenger at klia2.

AAB was served with an unsealed copy of a writ of summons in the sum of RM9.4 million by MASSB pertaining to PSC that AAB has not collected and refuses to collect from traveling passengers. Meanwhile, AAX was served with an unsealed copy of a writ of summons in the sum of RM26.7 million for alleged PSC arrears.

AirAsia yesterday closed up 1.33% to RM3.05 with 5.17 million shares done; while AAX closed 1.72% lower at 28.5 sen with 12.17 million shares traded. MAHB was up 0.25% at RM8.12 with 3.33 million shares changing hands.

Questions & Answers

Q.

Why does AirAsia argue that Malaysia Airports (Sepang) Sdn Bhd's claim is misconceived or premature?

A.

AirAsia contends the claim is invalid because Malaysia Airports (Sepang) Sdn Bhd has not used the dispute resolution provisions outlined in the Malaysian Aviation Commission Act 2015. They have applied to strike out the suit on these grounds.

Q.

What is the basis for AirAsia and AirAsia X's counterclaim against Malaysia Airports Holdings Bhd?

A.

AirAsia and AirAsia X are seeking over RM400 million for losses and damages. These are attributed to operational disruptions experienced at klia2, which they claim were caused by Malaysia Airports (Sepang) Sdn Bhd and/or MAHB.

Q.

What specific amounts is Malaysia Airports (Sepang) Sdn Bhd suing AirAsia and AirAsia X for?

A.

AirAsia is being sued for RM9.4 million for uncollected passenger service charges (PSC) it refuses to collect from passengers. AirAsia X has been served with a writ of summons for RM26.7 million for alleged PSC arrears.

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