KUALA LUMPUR, 16 JULY: AirAsia X Bhd and AAX Leasing Ltd’s application to set aside a foreign judgment obtained by its creditor BOC Aviation Ltd in the United Kingdom against the airlines to pay US$23.37 million (RM96.84 million) that being enforced in Malaysian courts has been set for hearing on October 27. Justice Datuk Ahmad Kamal Md Shahid will preside over the case. Yesterday, during case management before High Court senior assistant registrar Azdianur Abu Samah, the hearing date was set.
Lawyer Kwan Will Sen of Lim Chee Wee Partnership represented BOC Aviation, while Jeremiah Rais represented AirAsia X.
BOC Aviation requested an ex-parte injunction on December 2 to allow it to enforce a summary judgment obtained a month prior from the High Court of Justice, Business and Property Courts of England and Wales, to force AirAsia X and AAX Leasing to pay the debt. On December 7, the High Court in this city granted leave to enforce the summary judgment.
BOC Aviation is suing AirAsia X and AAX Leasing for US$22.9 million (plus interest till June 30, 2020) and US$401,386.85 in interest between July 1 and November 6, 2020, which it alleged in the proceedings.
The British courts have also ordered both corporations to pay GBP75,000 in expenses to BOC Aviation.
On December 30, AirAsia X and AAX Leasing filed a motion to vacate the summary judgment’s enforcement.
Also read:AAX aims to overturn a foreign judgment that ordered BOC Aviation to pay $23.3 million./n
