Govt's appeal against Dhaya Maju LTAT's leave to challenge contract termination, retendering of KVDT2 project postponed to July 16

PUTRAJAYA (June 8): The Court of Appeal (CoA) has rescheduled to July 16 the hearing of an appeal by the federal government and transport minister against the High Court's decision to grant a stay to Dhaya Maju LTAT Sdn Bhd to halt the government's termination of its contract for the controversial Klang Valley Double Tracking Phase 2 (KVDT2) project and re-tender the job.

The initial date of the hearing of the appeal was June 16.

CoA deputy registrar Mariam Hasanah Othman fixed the new date following case management today via e-review.

The July date was confirmed by Dhaya Maju LTAT's lawyer Datuk Lim Chee Wee to theedgemarkets.com.

It was reported on April 14 that KL High Court's Justice Datuk Noorin Badaruddin has granted leave to Dhaya Maju LTAT 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, where it named the government and the minister in its judicial review application filed last September 2020.

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, is 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.

The government has terminated the company from continuing the project last August.

Last week, the High Court had also dismissed the company's inter-partes injunction to prevent the government, ministry officials and Keretapi Tanah Melayu Bhd officials from entering the project site, which the company has indicated it is appealing, and granted an Erinford injunction.

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