ข่าวแจ้งตลาดหลักทรัพย์
Litigation Update
18 กรกฎาคม 2551
16 July 2008
Subject: Litigation Update
To: President
The Stock Exchange of Thailand
We refer to the customs basestock criminal case against Esso (Thailand) Public
Company
Limited ("Esso") disclosed in our Prospectus in "Section 2" under the heading
"Legal
Proceedings".
As background, between 1987 and 1988, Esso imported various shipments of non-
branded lubricant basestocks. The basestocks were declared to Customs at the
time of
import and custom duties were assessed by Customs and duly paid on the imports.
Several years later, the Customs department alleged that the basestocks were
incorrectly
described as non-branded basestocks and should have been declared as branded
basestocks instead, which carry a higher duty. Customs then assessed
additional duties
on the basestocks and a civil case was brought against Esso for the additional
duties.
Esso paid a sum of Baht 17 million as a result of this claim. In addition in
1999, the
public prosecutor initiated a criminal case against Esso under the Customs Act
for
underpayment of duties, and in 2004, the Southern Bangkok Criminal Court fined
Esso
Baht 436 million. Esso filed an appeal against the judgment in the Court of
Appeal in
2005.
On July 16, 2008, the Court of Appeal confirmed the judgment of the Southern
Bangkok
Criminal Court against Esso. Esso will be filing an appeal to the Supreme
Court and in
connection with this will apply for stay of execution of the fine pending the
outcome of
the Supreme Court appeal.
Please be informed accordingly.
Yours truly
Esso (Thailand) Public Company Limited
(Mr. Jim M. Anthony)