KUALA LUMPUR: Malaysia Airports Holdings Bhd (MAHB) has taken legal action against AirAsia X Bhd (AAX) to claim RM78.16 million in outstanding aeronautical charges at Kuala Lumpur International Airport (KLIA).
The airport operator said its wholly-owned subsidiary, Malaysia Airports (Sepang) Sdn Bhd (MASSB), had filed a Writ of Summons and Statement of Claim in the Kuala Lumpur High Court against the airline.
AirAsia X Airbus A330-343 © Dzulkeffly Jaafar
Legal Notice
AAX challenged the airline’s classification of the airport operator, as an unsecured creditor. In response, MAHB included a legal letter in the restructuring proposal.
“The outstanding aeronautical charges consist of passenger service charges, passenger safety service charges, ‘aerobridge’ charges, aircraft parking charges, check-in counter charges, landing charges and late payment charges,” MAHB filing to Bursa Malaysia today.
Malaysia Airport’s KLIA2 © Dzulkeffly Jaafar
MAHB Demands Full Settlement
As part of the claim, MASSB is also requesting an order that its contractual and continual lien over AAX’s user properties at KLIA shall only be discharged upon full settlement of the total outstanding debts.
MAHB has also added that the user properties include any aircraft, equipment, accessories, vehicles, equipment and/or any other property owned and/or under the control of AAX or any land operator appointed by the airline.
AAX and AirAsia Group had refused to collect the full sum of RM73 per passenger set by MAHB because it said it was too high. It instead collected and paid MAHB only RM50. MAHB had insisted it must collect the entire RM73.
The matter went to court, which decided in favour of MAHB, which now wants AAX to pay the RM60 million (the RM23 portion) although AAX never collected the amount from its passengers.
MAHB, in one of the reports noted, wants to be excluded from AAX’s RM63 billion debt restructuring scheme, failing which it will intervene when the debt restructuring is heard in court.
AAX has classified all its creditors, including Airbus and aircraft lessors, as unsecured. Additionally, the airline requires 75% of the creditors to agree with the restructuring plan. The restructuring plan will tackle the RM2 billion of current debts and another RM61 billion in future liabilities, linked to aircraft leasing.
Source : BERNAMA
