PUTRAJAYA – The government and Dhaya Maju LTAT Sdn Bhd have settled a legal action over the termination of a contract of the Klang Valley double tracking (KVDT2) project.
Senior federal counsel Asliza Ali, representing the government and Transport Minister Datuk Seri Wee Ka Siong informed the Federal Court today that the government is withdrawing its appeal related to the case.
“We have filed a notice of discontinuation on the matter as it was not objected to by the respondent (Dhaya Maju),” she said during today’s proceedings before apex court judge Datuk Vernon Ong Lam Kiat who chaired the panel with justices Datuk Abdul Rahman Sebli and Datuk Mary Lim Thiam Suan.
The panel then ordered for the government’s appeal to be struck out with no order as to costs.
Asliza, when contacted after the online proceedings, confirmed that the withdrawal was done as the government and the contractor have settled the main legal action.
In the judicial review application filed in September 2020, Dhaya Maju LTAT, among others, sought a declaration that the government’s decision to cancel the KVDT2 project, which was awarded on August 19, 2019, and to subsequently reopen the tender for the project, are invalid, null and void.
For the civil suit matter, the government wants the Federal Court to grant them leave to pursue its appeal against the Court of Appeal’s decision on July 26, last year, in granting Dhaya Maju LTAT an Erinford injunction restraining Keretapi Tanah Melayu Berhad (KTMB) from taking any further steps against revoking Dhaya Maju LTAT’s licence to occupy the KVDT2 project site.
The appellate court had granted the Erinford injunction pending disposal of the company’s appeal against a high court’s dismissal of the company’s application last year to secure an interim injunction order to restrain the government and KTMB from instructing the company to stop work on the KVDT2 project.
On June 29, The Federal Court was told that Dhaya Maju LTAT and the government are close to settling the legal action over the termination of the contract of the KVDT2 project. – Bernama, August 2, 2022
