MICHAEL CHIA SAMAN YS?

KINI Abadi Sdn.Bhd milik Tokoh Penggubahan Wang Haram yang dijebak pihak berkuasa Hong Kong, Michael Chia Thien Foh, kini memfailkan saman RM84,494,948.88 terhadap anak syarikat Yayasan Sabah iaitu Sabah Berjaya Sdn.Bhd.

Berikut adalah salinan saman yang difailkan bulan lalu di Mahkamah Tinggi Sandakan;

WRIT OF SUMMONS

Malaysia

In The High Court In Sabah And Sarawak At Sandakan

SUIT NO...... OF 2012

BETWEEN

KINI ABADI SDN BHD ...PLAINTIFF

(Company No. 253669-A)

AND

SABAH BERJAYA SDN BHD ...DEFENDANT

(Company No. 009865-T)

YANG AMAT ARIF TAN SRI DATUK SERI PANGLIMA RICHARD MALANJUM, P.S.M., S.P.S.K, S.S.A.P, S.I.M.P, S.P.D.K, P.G.D.K CHIEF JUDGE OF THE HIGH COURT IN SABAH AND SARAWAK IN THE NAME AND ON BEHALF OF SERI PADUKA BAGINDA YANG DIPERTUAN AGONG.

Sabah Berjaya Sdn Bhd

Level 9, Wisma Innoprise

Jalan Sulaiman, Teluk Likas

P.O.Box 11623

88817 Kota Kinabalu.

WE COMMAND you that within Twenty (20) days after the service ofthis Writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in a cause at the suit of KINI ABADI SDN BHD, c/0 Messrs. William Liaw, Chan & Co., Advocates and Solicitors, Suite N0: 801-804, 8th Floor Wisma Khoo Siak Chiew, Jalan Buli Sim Sim, P.O. Box No: 970, 90710 Sandakan, Sabah, Malaysia.

AND TAKE NOTICE that in default of your so doing the Plaintiff (s) may proceed therein to judgment and execution.

WITNESS TUAN AZHAHARI KAMAL BIN RAMLI, Registrar of the High Court in SABAH AND SARAWAK the

Solicitors for the Plaintiff

Deputy/Senior Assistant Registrar

High Court in SABAH AND SARAWAK

Statement Of Claim

1. The Plaintiff is and was at all material time a company incorporated in Malaysia and carrying on the business of barging in Sabah and elsewhere with its registered address at 1st Floor, Lot 3B, Block T, Bandar Ramai-Ramai, Jalan Leila, Sandakan, Sabah.

2. The Defendant is and was at all material time a company incorporated in Malaysia and is and was at the material time the exclusive agent for Rakyat Sabah Sdn Bhd and Rakyat Berjaya Sdn Bhd to sell all the logs extracted from the licenced area granted by the State Government of Sabah to Sabah Foundation.

3. By an agreement in writing in or about 1998, the Plaintiff was first appointed by the Defendant as its barging contractor to transport the logs from its licenced area to various destinations as determined by the Defendant for the period as stated therein the said agreement, which agreement was renewed thereafter.

4. The Plaintiffs appointment was further renewed by an agreement in writing dated 22.03.2005, for the period from 30.04.2005 to 29.04.2010 (hereinafter referred to as 'the 2005 Agreement').

5. The 2005 Agreement was subsequently canceled and/or terminated by consent of the parties and a new agreement dated 18.04.2006 was executed by the parties whereas the Plaintiff was appointed as the Defendants barging contractor to transport the logs from its licenced area to various destinations as determined by the Defendant for the period 30.04.2005 to 29.04.2013 (hereinafter referred to as 'the said 2006 Agreement'). Full terms and effects of the 2006 Agreement shall be referred to at the hearing or trial.

6. By its usual course of dealing for all the years since the Plaintiff was first appointed as the Defendant's barging contractor in or about 1998, the Defendant shall prepare and provide a schedule of shipments of the logs and the name of the buyers of the logs to the Plaintiff and the Plaintiff will forward a standard contract for transportation of the logs to the buyers of the logs for execution prior to commencement of each barging.

7. Pursuant to Clause 4.2 of the 2006 Agreement, inter alia provide that in the event of termination of the agreement, the Defendant may at its absolute discretion engage third parties as its barging contractor.

8. By the representation of the Defendant by conduct and in writing and/or implication, the Plaintiff is and was appointed the sole barging contractor for the Defendant’s buyers of the logs in Sandakan and Lahad Datu, Sabah, for the Yayasan Sabah Concession Area (YSCA).

9. By incorporation of the minutes of Transportation Meeting held on;

07.012005, it was inter alia agreed as follows:·

i. the Defendant is to attend to feedbacks/enquiries within 5 days.

ll. the Defendant to eliminate any communication barriand to create a clear/constant communication;

iii. all regional managers to be aggressive in tackling problems;

iv. barging contractors advised not to entertain verbal instruction;

v. barging contractors to raise as soon as possible and to bring to the attention of regional manager any barging problem;

vi. minimum volume of 1000m3 agreed upon;

vii. 7 days notice (export sales) and 3 days (local sale) shall be given by the Defendant to barging contractors;

viii. no issuance of delivery order if logs not ready for loading.

10. In a meeting dated 07.01.2005, the Plaintiff was informed that for Sandakan and Lahad Datu, the estimated volume of logs to be extracted would be approximately 70,000 cubic meter (M3) and 25,000 M3 per month.

11. By a letter dated 17.01.2007, the Defendant notihed the Plaintiff to cater for 1,320,000 cubic meters (m3) and 744,000 cubic meters (m3) of timber logs for Sandakan and Lahad Datu respectively without fail for the year 2007.

12. Pursuant thereto and relying on the representation of the Defendant aforesaid, the Plaintiff had invested in additional barges and tugs for the purpose of catering for the Defendants need.

13. By a letter dated 25.06.2009 the Defendant delivered to the Plaintiff a Barging And Transportation Agreement (Supplemental) which inter alia in substance sought the Plaintiff’s consent for the logs to barged by third panties at the discretion of the Defendant, which supplemental agreement was not acceptable to the Plaintiff and was never executed by the Plaintiff.

14. By a letter dated 14.012010, the Plaintiff was informed by the Defendant of the logs being barged by third parties alleging that it was 'previously agreed' which allegation was denied by the Plaintiff in a letter dated 09.02.2010.

15. Upon investigation by the Plaintiff it was discovered that the logs were barged by third parties since 2005.

16. In breach of the 2006 Agreement, the Defendant had engaged and/or had allowed third parties to carry out the barging work for its buyers of the logs since 2005 and in consequence whereof the Plaintiff has suffered loss and damage.

PARTICULARS:

17. The Plaintiff shall states and avers that other logs transported by third parties can and shall only be obtained after full discovery is obtained against the Defendant.

18. By a letter dated 20.01.2012 the Plaintiff through its solicitors demanded the payment of the said sum of RM84,494,948.88 being the damages suffered by the Plaintiff by reason ofthe Defendants breach, which breach the Defendant denied through its solicitors.

19. And the Plaintiff claims against the Defendant:-

i. The said sum of RM84,494,948.88;

ii. An Order that the Defendant do account to the Plaintiff of all logs transported by third parties and the value thereof to be assessed by the Deputy Registrar and payable by the Defendant to the Plaintiff with interest thereat 4% per annum on the said sum assessed, payable within fourteen (14) days thereof the Order by the Deputy Registrar;

iii. Discretionary interest at the rate of 4% per annum on the said sum of RM84,494,948.88 from the date of this Writ of Summons to the date of judgment;

iv. Statutory interest at the rate of 4% per annum on the judgment sums from the date of judgment to the date of full settlement.

v. Costs; and ‘i

vi. Such other relief that the Honourable Court deems fit.

Dated 23rd February, 2012.

M/s William Liaw, Chan & C0

Solicitors for the Plaintiff