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Xstate Resources Limited (ASX: XST) (“Xstate” or “the Company” provides the following update in relation to its Singapore Court action against Tanzil Hidayat, Chloe Kwok Yun Qing and Hong Hung Thiam.
On September 12 and 13, 2018 the Company’s Singapore lawyers attended before the Supreme Court of Singapore for a Committal hearing for Contempt of Court against Hong Hung Thiam. After two full days of hearing, the Singapore High Court Judge found that Hong Hung Thiam was liable for contempt and sentenced him to a fine of SGD15,000, and in default of payment, 10 days' imprisonment. The Judge determined that the evidence presented by Xstate demonstrated that Hong Hung Thiam intentionally and deliberately failed to comply with the Court Orders for Examination of Judgment Debtor ("EJD").
Furthermore, the Judge advised Hong Hung Thiam that the Court will not tolerate non-compliance. The Judge warned that Hong Hung Thiam that he would not simply be punished with a fine if there is any future non-compliance.
This is a significant step forward for Xstate’s claim against the three defendants and clearly demonstrates to all three defendants that the Court will not tolerate non compliance with Court orders and more importantly is prepared to consider a custodial sentence if warranted.
Moving forward, the Company will commence Contempt Proceedings against Tanzil Hidayat. The Company fully intends to enforce its rights against the three defendants for recovery of its debt and to take ut the necessary applications against them.
The Company will keep the market fully informed of any further changes.
it looks like Hong Hung Thiam has to now comply to the EJD, or face sentence.
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