KUALA LUMPUR (July 16): The High Court has fixed Oct 27 for the hearing of AirAsia X Bhd and AAX Leasing Ltd's application to set aside the foreign judgement obtained by its creditor BOC Aviation Ltd in the United Kingdom against the airlines to pay US$23.37 million (RM96.84 million) that is enforced in the Malaysian courts here.
The case will be heard before Justice Datuk Ahmad Kamal Md Shahid. The hearing date was fixed yesterday during case management of the matter before High Court senior assistant registrar Azdianur Abu Samah.
BOC Aviation was represented by lawyer Kwan Will Sen of Lim Chee Wee Partnership, while AirAsia X was represented by Jeremiah Rais.
BOC Aviation filed for an ex-parte order last Dec 2 for leave to enforce the summary judgement it obtained from the High Court of Justice, Business and Property Courts of England and Wales a month earlier, to get its debtor AirAsia X and AAX Leasing to pay the sum owed. The High Court here subsequently granted leave on Dec 7 for the summary judgment to be enforced.
The sum BOC Aviation is seeking from AirAsia X and AAX Leasing comprises US$22.9 million (inclusive of interest till June 30, 2020) that it claimed in the proceedings, and US$401,386.85 as interest between July 1 and Nov 6, 2020.
Both companies are also required by the British courts to pay £75,000 as costs to BOC Aviation.
On Dec 30, AirAsia X and AAX Leasing applied to set aside the enforcement of the summary judgement.