Both plaintiffs objected to the application, asserting that the dispute resolution mechanism under the Malaysian Aviation Commission Act does not apply to this matter. – Bernama photo
KUALA LUMPUR (June 28): The verdict on MYAirline Sdn Bhd’s application to dismiss the lawsuit filed by Malaysia Airports (Sepang) Sdn Bhd, demanding the airline pay RM17.7 million in overdue airport service charges, will be delivered on Aug 16.
High Court Judge Gan Techiong set the date after hearing submissions from MYAirline’s lawyer Nesema Jalaludheen, and lawyer Shannon Rajan, who represented Malaysia Airports (Sepang) and Malaysia Airports Sdn Bhd, as the plaintiffs.
On Nov 24 last year, MYAirline applied to dismiss the lawsuit, contending that the plaintiffs should first utilise a dispute resolution mechanism outlined in Sections 74 to 78 of the Malaysian Aviation Commission Act 2015, before filing the lawsuit.
They claimed, therefore, that the plaintiffs’ action was deemed invalid or premature as they did not adhere to nor utilise the prescribed dispute resolution mechanism.
Both plaintiffs objected to the application, asserting that the dispute resolution mechanism under the Malaysian Aviation Commission Act does not apply to this matter.
On Nov 9, 2023, both plaintiffs filed for summary judgment, arguing that the amount claimed from the defendant remains accrued and unpaid and that the airline has no defense against the lawsuit.
Malaysia Airports (Sepang) and Malaysia Airports Sdn Bhd, filed the lawsuit on Oct 18, 2023, alleging that MYAirline had failed to pay six types of service charges amounting to RM17,747,553.02.
They claimed that the overdue charges owed by MYAirline included passenger service and passenger security charges amounting to RM10,863,478.90, landing fees of RM5,445,555.45, parking fees of RM176,017.92, aerobridge fees of RM655,760, check-in counter fees of RM267,367, and late payment charges of RM339,373.72.
The plaintiffs further claimed that the airline never disputed the content of the invoices and account statements issued to it, within 30 days.
Consequently, the plaintiffs are seeking, among other matters, that the defendant pays the outstanding charges of RM17,747,553.02, specifically RM9,111,402.94 to the first plaintiff and RM8,636,150.08 to the second plaintiff, along with general damages and any other relief deemed appropriate by the court. – Bernama
