KUALA LUMPUR, Aug 18 — Three members of a popular rock band “Search” were today ordered to pay special damages of RM494,079.71 to Afjets Sdn Bhd, the organiser of Konsert Search 35 Tahun, for breach of agreement over the cancellation of the concert last year.
Lawyer Adnan Seman @ Abdullah, representing the company, told the media, that the order for damages was issued by Shah Alam High Court judge M. Gunalan yesterday after allowing an application for a judgment in default by his client.
Afjets named four defendants in the suit, namely guitarists Noordin Mohd Taib, 55, Hamzah Mohd Taib, 50, also known as Kid, and Nasir Daud, 58, as well as the band’s lead singer Amy Search, whose real name is Suhaimi Abd Rahman, 59.
Adnan said the judgment in default was obtained only against the three guitarists and that the court had yet to record the judgment in default against Amy.
He said the application in default was filed following failure of the defendants to file their defence statements.
Adnan said besides the special damages, Afjets was also awarded general, aggravated and exemplary damages to be assessed later by the court, and an order preventing the three defendants, or their agents, from issuing and publishing statements that defame the company.
In the suit filed on October 14 last year, Afjets claimed that the company had agreed to organise the Konsert Search 35 Tahun with the rock band and both parties signed an agreement of understanding on December 25, 2015, but without the presence of drummer Yazid Ahmad, 55.
Following which, Afjets claimed that a first payment of RM75,000 was made to the defendants and they informed the company that they would settle the payment for Yazid.
The company claimed that a joint-venture company Afjets-Search Plt was established on January 14 last year to plan and manage the concert, whereby numerous discussions were until April last year on the location, sponsorship and other activities for the concert.
Afjets claimed that in early May last year, the company was shocked over a report of a rift between Yazid and other members of the Search band over payment, resulting in Yazid to lodge a police report.
On May 19 last year, the company claimed it received a letter from the defendants’ counsel on the cancellation of the concert and on the following day, the defendants held a media conference.
Afjets claimed that during the media conference, the defendants had issued statement which defamed the company. — Bernama