News

Macao Studio City

04 Nov 2010 Back

CapitaLand Limited ("CapitaLand") refers to its past announcements concerning the legal proceedings commenced by New Cotai Entertainment LLC ("NCE") against CapitaLand, eSun Holdings Limited and certain other parties regarding the casino lease in the Macao Studio City ("MSC") project. CapitaLand wishes to announce that it and its indirect wholly-owned subsidiary, CapitaLand Integrated Resorts Pte Ltd ("CIR"), have today been served the Writ of Summons issued by the High Court of the Hong Kong Special Administrative Region ("Writ"). CIR is the shareholder of East Asia Satellite Television (Holdings) Limited ("East Asia"), the joint venture vehicle with eSun through which CapitaLand and eSun have invested in the MSC project. CapitaLand has an effective indirect 20% stake in the MSC project. CapitaLand's minority indirect stake gave it limited influence over the implementation of the MSC project. In the Writ, NCE alleges that East Asia Televisao por Satelite, Limitada ("MacauCo") has breached its contract with NCE in relation to a lease of premises in the MSC for NCE's casino operations ("Casino Lease"). MacauCo is the Macau-incorporated company which directly owns the MSC project. NCE has sued CapitaLand and CIR for inducement and/or procurement of breach of contract by MacauCo and conspiracy with eSun and others to use unlawful means with the intention of injuring NCE by doing whatever was necessary to ensure that MacauCo did not sign the definitive agreement in relation to the Casino Lease. NCE is claiming specific performance from MacauCo of the execution of the definitive agreement for the Casino Lease as well as damages from the parties named as defendants in the Writ (namely CapitaLand, eSun, East Asia and MacauCo) in addition to, or instead of, such specific performance. The amount of the damages sought has not been specified. CapitaLand is in the process of taking legal advice in relation to the claim. CapitaLand understands that MacauCo is also in the process of taking legal advice in relation to the claim. CapitaLand also understands that MacauCo has complied with all material obligations relating to the Casino Lease. CapitaLand continues to believe that the claim against it and CIR is without merit and will defend the claim vigorously. CapitaLand will make the appropriate announcement as and when there are any further material developments in the litigation.