KUALA LUMPUR, June 9 – The High Court here on Monday dismissed the former operator of Kuala Lumpur Tower’s leave application to commence committal proceedings against seven individuals and the government.
The former operator, Menara Kuala Lumpur Sdn Bhd, and its parent, Hydroshoppe Sdn Bhd, are seeking contempt of court action against the eight for allegedly disrupting the administration of justice amid ongoing legal proceedings.
Judge Roz Mawar Rozain, who rejected the application, ordered the two companies to pay RM25,000 to the respondents, including Communications Minister Datuk Fahmi Fadzil.
Six other officials were also named as respondents, including Dang Wangi district police chief ACP Sulizmie Affendy Sulaiman, Federal Land Commissioner Datuk Muhammad Azmi Mohd Zain and Communications Ministry Secretary-General Datuk Mohamad Fauzi Md Isa.
In her judgment, Judge Roz Mawar ruled that the court was not satisfied there was a prima facie case to warrant the granting of leave for contempt proceedings.
She further held that the court was not persuaded by Hydroshoppe’s assertion of encroachment on its properties, regardless of the manner, given that its contract with the government had lapsed on March 31.
The court also dismissed the inter partes injunction application by Hydroshoppe and Menara KL, ordering both companies to pay RM20,000 each in costs to the government, as well as to LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd.
The court then fixed July 14 to hear the striking-out applications filed by Fahmi and the three companies.
Hydroshoppe and Menara KL filed a breach of contract suit against the respondents, alleging that LSH Capital and its subsidiaries induced a breach of an agreement purportedly reached with the government during a meeting in August 2022.
The plaintiffs further claimed that the respondents engaged in dishonest assistance and are seeking a declaration that the award of the KL Tower concession to LSH Service Master is void and unlawful.
In addition, they are claiming an estimated RM1 billion in damages and are seeking the concession of the iconic Kuala Lumpur landmark to be transferred back to them.
