Court strikes out counter claim by five former FGV directors


The High Court here today struck out a counter claim filed by five former non-executive directors of FGV Holdings Bhd against the company and 10 others over alleged losses incurred in connection with its acquisition of Asia Plantation Ltd. (APP) in 2014.

Judge Datuk Azimah Omar made the decision after allowing an application by FGV and the 10 parties concerned to strike out the counter claim that was jointly filed by Tan Sri Ismee Ismail, Tan Sri Wan Abdul Aziz Wan Abdullah, Tan Sri Sulaiman Mahbob, Datuk Nozirah Bahari and Datuk Fazlur Rahman Ebrahim.

The decision was made in chambers in the presence of lawyers Andrew Chiew Ean Vooi, representing FGV, and Fahda Nur Ahmad Kamar, for the five individuals.

The five former directors filed the counter claim after FGV sued them for RM514 million over losses incurred by the company following the acquisition of APL.

Chiew, when met by reporters, said the Azimah struck out the counter claim by the five former FGV directors on grounds that it was baseless.

He said in the decision, Azimah also ordered the five former directors to pay cost of RM8,000 to FGV and set Jan 14 next year for case management of the suit by FGV.

The five former FGV non-executive directors filed the counter claim last Feb 11, naming the company and 10 others as defendants.

The 10 others named were Datuk Azhar Abdul Hamid, Mohd Hassan Ahmad, Datuk Dr Othman Omar, Dr Mohamed Nazeeb P. Alithambi, Datuk Dr Salmiah Ahmad, Datin Hoi Lai Peng, Datuk Yusli Mohamed Yusoff, Dr Nesadurai Kalanithi, Datuk Mohd Anwar Yahya and Datuk Mohamed Suffian Awang.

On Nov 23, 2018, FGV sued its former president and chief executive officer Datuk Mohd Emir Mavani Abdullah and 13 others for RM514 million and other damages.

Four of the defendants were then FGV chairman Tan Sri Mohd Isa Abdul Samad, former chief financial officer Ahmad Tifli Mohd Talha, former vice president (Downstream Business Development Cluster) Farisan Mokhtar, and former senior general manager (Downstream Cluster) Rasydan Alias Mohamed.

Nine others were former non executive directors – Ismee, Wan Abdul Aziz, Tan Sri Sulaiman Mahbob, Datuk Omar Salim, Datuk Noor Ehsanuddin Mohd, Harun Narrashid, Datuk Yahaya Abd Jabar, Datuk Faizoull Ahmad, Nozirah and Fazlur Rahman.

In a filing with Bursa Malaysia, the company said the suit concerned the company’s acquisition of 100 per cent equity interest in APL through a voluntary conditional cash offer in 2014.