The Board informs that Heineken Malaysia Berhad (“HMB” or “the Company”) and its wholly-owned subsidiary, Heineken Marketing Malaysia Sdn Bhd (“HMM”) had, on 13 April 2021 via their solicitors, received a Writ dated 2 April 2021 and Statement of Claim dated 29 March 2021 filed by Thirteen Wings Sdn Bhd, Ashwin Kumar Kandiah (trading under Sivam Kandiah Enterprise, Ashwin Kandiah Enterprise and Skan Ventures), Astrike Sdn Bhd, Axcend Sdn Bhd, Turbo Booze Sdn Bhd and Hops Sdn Bhd (“Plaintiffs”) under Kuala Lumpur High Court Civil Suit No. WA-22NCVC-221-04/2021 (“Suit”).

Under the Rules of Court 2012, HMB and HMM are required to file their Defence and Counterclaim (if any) by 7 May 2021.

Circumstances leading to the filing of the Writ and Statement of Claim

The circumstances leading to the filing of the Writ and Statement of Claim was due to a dispute on the purchase and supply of HMB’s products.

Particulars of the claims under the Writ and Statement of Claim

In the Statement of Claim, the Plaintiffs claim that HMB and HMM have failed to honour an alleged contract and are seeking for, amongst others, the following reliefs against HMB and HMM:

(a)   specific performance of the alleged contract;

(b)   in the alternative, damages for breach of contract in the liquidated sum of RM26,520,000; and

(c)   various consequential orders and declarations relating to various contract terms.  

Financial and Operational Impact, and Expected Losses/Estimated exposure to liabilities (if any)

Based on preliminary assessment of the Suit, the Board is of the opinion that there is no material impact on the Group’s operations and financials.

Company’s Position

The Board is of the preliminary opinion that it has a strong defence against the Suit and the Company based on legal advice, will contest this Suit. In respect of the claim for damages of RM26,520,000, the Board is of the opinion that this claim is frivolous and vexatious.

The Company will make the necessary announcement on further development of the Suit from time to time.  

This announcement is dated 16 April 2021.