Page 328 - BTSGroup ONE REPORT 2021/22_EN
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326                l  Introduction  l  Nature of Business  l  Organisation and Shareholding Structure  l  Business Review  l  Corporate Governance  l  Financial Statements  l  Other Information  l





                    In this regard, VGI and the legal consultant of VGI had a different       Civil Court. Subsequently, on 5 April 2022, the Supreme Court has
                     opinion from such arbitration award and are of the view that the said    dismissed Midas’s petition by not allowing Midas to appeal to the
                     arbitration award may be both factually and legally deviated. As such,   Supreme Court further. As a result, this case can be considered as
                     on 5 May 2020, VGI filed the motion to the Civil Court to abrogate       final at this stage.
                     the said arbitration award.
                                                                                      50.  Fair Value Hierarchy
                    On 21 March 2022, the Civil Court rendered a verdict in favour of       As at 31 March 2022 and 2021, the Group had the assets and liabilities
                     VGI by setting aside the said arbitration award. As such, Midas filed   that were measured at fair value using different levels of inputs as follows:
                     a motion to extend deadline for filing an appeal of the Civil Court’s
                     verdict to the Supreme Court where the Supreme Court allowed to                                                            (Unit: Million Baht)
                     extend the deadline until 20 June 2022.
                                                                                                                              Consolidated Financial Statements

                    As the said dispute has not been finalised and binding and the                                                  As at 31 March 2022
                     executive of VGI is certain that VGI duly complied with its contractual                                   Level 1  Level 2  Level 3  Total
                     obligations according to the Shareholders Agreement, the provisions    Assets measured at fair value
                     from the said dispute thus was not recorded in the financial statements   Financial assets measured at FVTPL
                     for the year.                                                            Debt investments                   -    1,887  3,702  5,381
                                                                                            Financial assets measured at FVOCI
                    Nevertheless, VGI will have additional professional fee to the lawyer,     Equity investments              10,039  932    411   11,382
                     which the payment will be made based upon the final verdict has          Debt investments                   -     47      -      47
                     been rendered by the court with the condition that VGI must not fully
                     nor partial pay for the damage.                                        Derivatives
                                                                                              Derivative warrants and other derivatives  17  69  -    86
                  d) On 14 February 2018, Midas filed a civil lawsuit against VGI and MACO     Foreign currency forward contracts   -  29      -      29
                     accusing VGI and MACO of wrongful act, claiming damages in the         Land                                 -    2,326    -    2,326
                     amount of Baht 24 million with interest at a rate of 7.5% per annum,   Liabilities measured at fair value
                     in relation to the Airtime on 4 LED Billboards Agreement dated 31      Derivatives
                     January 2017 between Midas and MACO. On 12 September 2019, the           Forward exchange agreements        -     148     -     148
                     Civil Court dismissed the case as the facts which Midas presented        Interest rate swaps                -    1,969    -    1,969
                     to the court did not accountably proved that VGI and MACO jointly        Equity link swaps                  -     21      -      21
                     committed a fraud against Midas which might have caused trading
                     damage. Therefore, did not constitute a wrongful act against Midas.
                     Midas subsequently submitted a motion to appeal. On 20 January 2021,
                     the Appeal Court gave a verdict upholding the judgement of the
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