Court of Appeal grants Erinford injunction to Dhaya Maju in KVDT2 project case

PUTRAJAYA (July 26): Dhaya Maju LTAT Sdn Bhd, the company involved in the Klang Valley Double Tracking Phase 2 (KVDT2) dispute, has today been given an Erinford injunction which restrains Keretapi Tanah Melayu Bhd (KTMB) from taking any further action against revoking Dhaya Maju LTAT’s licence to occupy and continue work on the KVDT2 project site.

Court of Appeal Judge Datuk Abdul Karim Abdul Jalil allowed the appeal brought by Dhaya Maju LTAT today as he said that there was merit in the application.

“We have considered the arguments of the parties. The following is our unanimous decision. There is merit in their application. In this regard, we agreed with the submissions of the applicant (Dhaya Maju LTAT).

"We also allowed the oral application by the applicant counsel to stop KTMB from taking further steps to enforce the revocation of the licence to occupy. In the circumstances, we therefore give the order in terms of the amended prayer," the judge said in his unanimous decision by a three-judge panel comprising Justices Datuk Che Mohd Ruzima Ghazali and Datuk Hadhariah Syed Ismail.

The hearing of the appeal was held via online proceedings this morning with lawyer Khoo Guan Huat acting for Dhaya Maju LTAT, while senior federal counsel (SFC) Asliza Ali appeared for the Malaysian government and Transport Minister Datuk Seri Dr Wee Ka Siong. Meanwhile, KTMB was represented by counsel Sean Yeow Huang Meng.

The company named the Malaysian government, Wee, KTMB and Opus Consultants (M) Sdn Bhd as defendants in the suit in a bid to stop the government from taking over the project and appointing new contractors after a study done by Opus Consultants found that the project could be constructed at a lower cost.

The company is seeking a declaration that the government's decision — to cancel the KVDT2 project (awarded on Aug 19, 2019) and 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 terminated the contract with the company over the project last August.

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