Appeals Court Dismisses Appeal By Hydroshoppe, Menara KL For Ad Interim Injunction
PUTRAJAYA, May 30 (Bernama) -- The Court of Appeal today dismissed an appeal by the former operator of the Kuala Lumpur Tower and its subsidiary to obtain an ad interim injunction to stop the award of the KL Tower concession to LSH Service Master Sdn Bhd.
The decision was delivered by a three-member bench comprising Justices Datuk Collin Lawrence Sequerah, Datuk Dr Choo Kah Sing and Datuk Wan Ahmad Farid Wan Salleh.
Justice Sequerah, who delivered the court's unanimous decision, said Hydroshoppe Sdn Bhd and its subsidiary Menara Kuala Lumpur Sdn Bhd failed to meet the legal threshold for the grant of an ad interim injunction.
'We are of the view that there is no status quo to maintain as the fifth supplementary agreement has lapsed on March 31, this year,' he said.
Justice Sequerah ordered Hydroshoppe and Menara KL to pay legal costs totalling RM30,000 to the respondents.
The respondents were the Ministry of Communications, its minister Datuk Fahmi Fadzil, the government, LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd.
The appeal was against the decision of the High Court in April, this year which had similarly dismissed the application for the ad interim injunction.
Hydroshoppe and Menara KL had filed a breach of contract suit against the respondents, claiming that LSH and its units had induced a breach of contract that the companies (Hydroshoppe and Menara KL) had agreed to with the government in an Aug 2022 meeting.
They claimed that LSH Capital and its units had committed dishonest assistance, and want the award of the KL Tower concession to LSH Service Master to be declared void and unlawful.
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