SET Announcements
21 February 2007
Notification of Impact from the Supreme Court Judgment
(Translation)
No. CK-07-0000-PO-L-0055
February 21, 2007
Re: Notification of Impact from the Supreme Court Judgment
Attn.: President of the Stock Exchange of Thailand
Reference is made to the fact that CH. Karnchang Public Company
Limited held the Board of Directors Meeting No. 2/2007 on February 20, 2007
at 4:30 p.m. at the Conference Room on the 21st Floor, No. 587
Viriyathavorn Building, Sutthisarn Road, Dindaeng Subdistrict, Dindaeng
District, Bangkok.
The Board of Directors Meeting resolved to consider and acknowledge
impact which would be caused to the financial statements of CH. Karnchang
Public Company Limited due to the Supreme Court's judgment reversing the
Civil Court of Southern Bangkok's judgment which enforced the arbitral
award requiring the Expressway and Rapid Transit Authority of Thailand to
make payments to the Joint Venture BBCD (Bilfinger + Berger
Bauaktiengesellschaft; CH. Karnchang Public Company Limited; and
Dyckerhoff & Widmann AG). Given that the shareholding ratio of CH.
Karnchang Public Company Limited in the said Joint Venture represents 35
percent, thus, the details of the possible impact on the financial
statements of CH. Karnchang Public Company Limited for the year ended
December 31, 2006 would be as follows:
The balance sheet in the consolidated financial statements of CH.
Karnchang Public Company Limited would present the provision for bad debt
for accounts receivable - claim for increased costs in the entire amount
of Baht 2,515,620,262.28, while the Company's individual financial
statements would present the provision for loss on investments in joint
ventures in the amount of Baht 2,508,249,686.72.
The income statement in the consolidated financial statements of CH.
Karnchang Public Company Limited, in respect of expenses, would present
the provision for bad debt for accounts receivable - claim for increased
costs in the entire amount of Baht 2,508,249,686.72, resulting in a
decrease in the shareholders'equity. As for the Company's individual
financial statements, sharing of loss from investments under equity method
in joint ventures would amount to Baht 2,508,249,686.72.
In this respect, the joint venture partners, and concurrently lenders
of the said Joint Venture, mutually resolved to waive interest on loans
provided by all joint venture partners, but the right to charge interest
would remain unaffected should such compensation for the increased costs
be received from the employer, failing which, no interest would be
charged. Consequently, the details of the possible impact on the financial
statements of CH. Karnchang Public Company Limited for the year ended
December 31, 2006 would be as follows:
In the balance sheet in the consolidated financial statements of CH.
Karnchang Public Company Limited, the accrued interest payable would be
reversed in the amount of Baht 442,839,502.33 and the accrued interest
receivable would be reversed in the amount of Baht 13,364,146.92. As for
the Company's individual financial statements, the accrued interest
receivable would be reversed in the amount of Baht 20,560,226.03.
The income statement in the consolidated financial statements of CH.
Karnchang Public Company Limited, in respect of revenue, would present the
reversal of accrued interest payable in the amount of Baht 442,839,502.33,
and, as for expenses, would present the write-off of accrued interest
receivable in the amount of Baht 13,364,146.92. As for the Company's
individual financial statements, profit sharing under equity method would
increase by Baht 442,839,502.33, and expenses would present the write-off
of accrued interest receivable in the amount of Baht 20,560,226.03, thereby
causing an increase in the shareholders' equity.
Furthermore, such impact would not cause the net debt to equity
ratio under the conditions of the debentures to exceed 2.5:1.
However, the management is currently reviewing the details of the
said judgment by the Supreme Court and is of the initial view that the
Supreme Court's judgment refusing to enforce the arbitral award, reasoning
that the Contract for the Design and Construction in question between the
Expressway and Rapid Transit Authority of Thailand and the Joint Venture
BBCD has no binding effect, does not affect the Joint Venture BBCD's legal
right to claim for the increased costs (the increased Fixed Cost) of Baht
6,039,893,254, including interest at the rate of 7.5 percent per annum.
Please be informed accordingly.
Very truly yours,
- Signature -
(Mr. Anukool Tuntimas)
Executive Vice President
Human Resource and General Administration