by BERNAMA / Pic by TMR FILE PIX
The hearing of the government’s appeal against the High Court’s decision to allow the contractor for the Klang Valley Double Tracking Phase 2 (KVDT2) project to proceed with its judicial review to challenge the decision on the termination of contract, will be heard by the Court of Appeal on June 16.
Senior federal counsel Ahmad Hanir Hambaly, who is appearing for the government and Transport Minister, confirmed the date, saying that the government had filed a certificate of urgency for the appeal hearing to be expedited.
The matter came up for case management today before Court of Appeal deputy registrar Mariam Hasanah Othman in Putrajaya.
On April 14, Kuala Lumpur High Court judge Datuk Noorin Badaruddin granted leave to Dhaya Maju LTAT Sdn Bhd to commence a judicial review to seek a certiorari order to quash the government’s decision to cancel the project.
The judge also allowed a stay on the government’s decision to call for a public tender pending the disposal of the judicial review application.
In the judicial review application filed in September 2020, Dhaya Maju LTAT named the government and the Transport Minister as defendants.
The company is seeking a declaration that the government’s decision to cancel the KVDT2 project, which was awarded on Aug 19, 2019, and to subsequently reopen the tender for the project, are invalid, null and void.
Dhaya Maju LTAT also wants a certiorari order to quash the government’s decision to cancel the project and a mandamus order compelling the government to execute all documents and agreements.
Dhaya Maju LTAT, who is represented by lawyer Datuk Lim Chee Wee, is also applying for a stay of the government’s decision to terminate the contract and assess the damages of its action.