PUTRAJAYA (July 16): The Federal Government and the Transport Minister’s appeal against the High Court’s decision to grant a stay to Dhaya Maju LTAT Sdn Bhd has been dismissed by the Court of Appeal. This will prohibit the government from issuing a public tender for the controversial Klang Valley Double Tracking Phase 2 (KVDT2) project, as well as the termination of its contract with Dhaya Maju.
The three-judge bench, led by Judge Datuk Lee Swee Seng, denied the government’s appeal, affirming the Kuala Lumpur High Court’s April 14 judgment.
Dhaya Maju LTAT had earlier been granted leave by High Court Judge Justice Datuk Noorin Badaruddin to file a judicial review seeking a certiorari order to overturn the government’s decision to cancel the project, which the government had unsuccessfully appealed to the appellate court.
The judge also granted a stay on the government’s intention to call for a public tender awaiting the outcome of the judicial review application, which listed the government and the minister in its September 2020 judicial review application.
“When it comes to leaving, the bar is fairly low. Dhaya Maju LTAT (respondent) has met the threshold requirement that they are harmed by the government’s decision in performing its public function “In his brief judgement today, the court stated.
He stated that, in most cases, the termination of a construction contract is a private law matter; nevertheless, the court speculated that there is a public element to this case because the government claimed that the contract was terminated for national and public interest as well as security reasons.
The judge also stated that the appeal court has no reason to interfere with the High Court judge’s judgment in granting the stay on the government’s plan to call for a public tender on KVDT2 pending Dhaya Maju’s hearing.
“Because it is infused with the public law element, the grounds for termination is subject to judicial examination. We see no justification for interfering with the exercise of discretion in seeking a stay of the judgement “He went on to say that the appeal had been dismissed.
The government was also ordered to pay RM15,000 in costs by the judge.
S Nantha Balan and Datuk Mohd Sofian Abd Razak were the other judges on the panel.
In hearings held via Zoom this morning, lawyers Datuk Dr Cyrus Das and Datuk Lim Chee Wee represented the company, while senior federal counsel Ahmad Hanir Hambaly @ Arwi and Nor Atikah Zainal Abidin represented the government.
The corporation is requesting a declaration that the government’s decision to terminate the KVDT2 project, which was awarded on August 19, 2019, and reopen the project’s tender is invalid, null, and void.
Dhaya Maju LTAT also seeks a certiorari ruling, which would overturn the government’s decision to cancel the project, as well as a mandamus order, which would require the government to carry out all documents and agreements.
Last August, the government ordered the corporation to stop working on the project.
The firm’s inter partes injunction to ban the government, ministry officials, and Keretapi Tanah Melayu Bhd personnel from entering the project site was also dismissed last week by the High Court, which the company has indicated it will challenge, and an Erinford injunction was granted instead./n
