Friday 29 Mar 2024
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PUTRAJAYA (June 29): The Ministry of Transport (MoT) and the government informed the Federal Court on Wednesday (June 29) they would need a month to finalise their settlement with Dhaya Maju LTAT Sdn Bhd over the company's suit and judicial review over being terminated for the Klang Valley Double Tracking II (KVDTII) project.

Senior federal counsel Ahmad Hanir Hambaly, along with senior federal counsel Asliza Ali, told a three-member apex court bench led by Federal Court Judge Datuk Nalini Pathmanathan this on Wednesday.

“At this time, we have reached a stage where there are certain things that need to be finalised. We need a month to determine whether to continue with the appeal or withdraw it,” said Ahmad Hanir.

“The government's position is the same as we need to get further instructions from the ministry as we are close to a settlement,” added Asliza, who is overseeing the civil suit against the government and MoT.

Senior lawyer Khoo Guan Huat of Skrine who represents Dhaya Maju LTAT in the judicial review and Pang Huey Lynn for the same company in the civil suit concurred that they need a month to finalise with their client.

Following this, the bench that also comprises Federal Court Judges Datuk Vernon Ong Lam Kiat and Datuk Zabariah Mohd Yusof fixed July 29 for the case to be mentioned back.

Earlier, Justice Nalini asked the government representatives to brief the court whether they are close to settling the matter and whether they want to withdraw the appeal.

Dhaya Maju LTAT had named the government and Transport Minister Datuk Seri Dr Wee Ka Siong, Opus Consultants (M) Sdn Bhd and Keretapi Tanah Melayu Bhd in the civil suit following the sudden termination of the company that was awarded the KVDTII project in 2017.

Dhaya Maju LTAT was originally terminated by the Pakatan Harapan government in 2018, but was allowed to continue following a slight reduced cost, only for it to be terminated again by the Perikatan Nasional government with Wee, resulting in the ongoing court case.

In a separate application, Dhaya Maju LTAT also named the government and the transport minister in the judicial review application in a bid to stop them from acquiring the work site and retender the project.

The company obtained the judicial review in the High Court, and the appeal by the government and minister was also dismissed by the government, resulting in this appeal before the Federal Court.

Asliza disclosed earlier this month that the KVDTII project will resume with Dhaya Maju LTAT remaining as the contractor as this was decided during the Cabinet meeting last May 18. She earlier briefed High Court Justice Datuk Lim Chong Fong on this latest development.

Word of a possible settlement came out as early as January this year as The Edge Malaysia weekly reported the matter.

Following the sudden termination, the government was ordered to pay RM202.5 million for works that had been completed by Dhaya Maju LTAT before the project was stalled.

Edited BySurin Murugiah
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