This article first appeared in The Edge Financial Daily on April 5, 2019

RAWANG: Transport Minister Anthony Loke said he has yet to receive any legal notice from KAJ Development Sdn Bhd about the judicial review application the latter has filed against the government over the cancellation of the RM43 billion Melaka Gateway integrated deepsea port project.

“We will respond to them once we have received the suit. We have not received in writing right now,” Loke said.

He was responding to questions from reporters yesterday about the judicial review that KAJ Development, the developer of the cancelled Melaka Gateway project, had filed to the High Court to challenge Loke’s decision to revoke the port operating licence granted to the company by the previous Barisan Nasional government in March 2018.

The company stated in the application that it received a letter dated Oct 5 that its licence had been cancelled. It then appealed the decision via a letter to Loke on Nov 14, but did not receive any response. It named the Malacca Port Authority, Loke and the federal government as respondents in the judicial review application filed on March 13, according to court documents sighted by The Edge Financial Daily.

KAJ Development is seeking a certiorari order to quash the cancellation of the operating licence. Alternatively, it is seeking a mandamus order to compel Loke to give a response to its appeal against his decision within 14 days of the court order.

KAJ Development is also seeking a declaration that Loke’s decision to reject the appeal by not replying to the appeal letter by Dec 15 is not in accordance with the law or against his statutory duty, and hence the decision (to cancel the licence) is null and void and is not enforceable.

In addition, it is seeking general damages to be assessed by the court, and special damages of RM139 billion.

“How can you give a timeline to the minister to reply to you? That is a first,” Loke told reporters yesterday.

The case came up before Justice Datuk Nordin Hassan on Tuesday, and he directed the company’s lawyer Mohd Haniff Khatri Abdullah to allow time for the minister and the Attorney-General’s Chambers to respond. He also fixed April 24 for the possible hearing of the leave application.

In judicial review applications, leave or permission has to be gained from the court first to ensure it is not frivolous or vexatious, before the review can be heard.