High Court allows Felda and FIC to obtain two classified reports as evidence in Semarak land suit

• Judicial Commissioner Eddie Yeo had allowed the third party discovery by Felda and FIC to use a report by Ernst and Young entitled 'Fact-based Investigation on the Development of Kuala Lumpur Vertical City (KLVC), Final Report', together with its annexures and another report from the Prime Minister’s Department known as the 'Salihan Report', as evidence in the common bundle of documents for the trial.

KUALA LUMPUR (Aug 22): The High Court here has allowed a discovery application by the Federal Land Development Authority (Felda) and Felda Investment Corporation Sdn Bhd (FIC) to obtain two classified documents in their suit against Synergy Promenade Sdn Bhd regarding vacant possession of the Jalan Semarak land.

Judicial Commissioner Eddie Yeo had allowed the third party discovery by Felda and FIC to use a report by Ernst and Young entitled 'Fact-based Investigation on the Development of Kuala Lumpur Vertical City (KLVC), Final Report', together with its annexures and another report from the Prime Minister’s Department known as the 'Salihan Report', as evidence in the common bundle of documents for the trial.

“I have read and perused all submissions, oral arguments and cited numerous authorities.

"The EY report is allowed to be disclosed as it will assist the court towards a fair and expeditious disposal of the suits,” he said.

He also said that the Prime Minister’s Department has to produce the 'Salihan Report'.

“Parties have been given leave to inspect and maintain the report until full and final disposal of the suits,” he said, adding that both reports are relevant and necessary to assist the court towards fair disposal of suits.

He said that parties are not allowed to circulate or share the reports and any third party is prohibited from downloading and having the report.

Synergy Promenade's statement of claim filed in July 2019 stipulated that under an agreement signed by the two, FIC was required to deliver vacant possession of 24 parcels of land measuring 20.66 acres (8.6 hectares) owned by Felda within 30 days of the signing of the agreement on June 2, 2014, and also ensure that the vacant possession would not be revoked by Felda prior to the completion of the project.

The master developer of the KLVC project claimed that in or around January 2016, Felda and FIC had merely delivered vacant possession of one parcel of land to the company.

In the suit, the company sought a decree of specific performance against Felda and FIC, requiring them to comply with the agreement, and also a consequential order directing them to deliver vacant possession of the aforementioned parcels of land to Synergy Promenade.

Meanwhile, Felda and FIC in November 2019 filed a RM2 billion lawsuit against former chairmen Tan Sri Mohd Isa Abdul Samad and Tan Sri Shahrir Abdul Samad, together with various former Felda director generals as well as Synergy Promenade, Synergy Promenade KLVC Sdn Bhd, and lawyers over the KLVC project.

Felda and FIC alleged that these parties had jointly conspired for “the plundering” of Felda and FIC through unlawful means, resulting in the injuries of — and losses suffered by — the two.

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