PUTRAJAYA: The Court of Appeal has dismissed a leave application by former Kuala Lumpur Tower operator Menara Kuala Lumpur Sdn Bhd and its parent company Hydroshoppe Sdn Bhd to commence committal proceedings against the government and several companies.
A three-member bench comprising Justices Datuk Che Mohd Ruzima Ghazali, Datuk Seri Mohd Firuz Jaffril and Ong Chee Kwan unanimously rejected the application.
Justice Ruzima stated that the applicants failed to demonstrate prima facie evidence of contempt in their bid to cite respondents for contempt of court.
“The Monatech principle relied upon by the applicants does not apply to this case,“ Justice Ruzima declared in delivering the court’s decision.
The court ordered Menara Kuala Lumpur and Hydroshoppe to pay RM20,000 in legal costs to the government and Communications Minister Datuk Fahmi Fadzil.
An additional RM20,000 in costs was awarded to LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd.
The applicants had sought leave to cite the government, Fahmi, seven other individuals and three companies for allegedly interfering with the administration of justice during ongoing legal proceedings.
This marked the second rejection of their application after the High Court similarly dismissed it on June 9 this year.
Hydroshoppe and Menara KL had filed a breach of contract suit alleging that LSH Capital and its subsidiaries induced a breach of an agreement reached with the government during an August 2022 meeting.
The companies accused the respondents of dishonest assistance and sought a declaration that the KL Tower concession award to LSH Service Master was void and unlawful.
They are claiming approximately RM1 billion in damages and seeking the return of the iconic landmark’s concession.
Lawyers Vinayak Sri Ram and David Wong represented Hydroshoppe and Menara KL during the proceedings.
Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi appeared for the government and Communications Minister, while lawyer Datuk Arthur Wang represented the three companies. – Bernama
