[UPDATED] KL Tower tussle: Court dismisses contempt bid by ex-operator

New Straits Times

3 days ago

KUALA LUMPUR: The High Court today dismissed a legal bid by Menara Kuala Lumpur Sdn Bhd (MKLSB) and former KL Tower operator Hydroshoppe Sdn Bhd to start contempt proceedings against Communication Minister Datuk Fahmi Fadzil and several others.
Judge Roz Mawar Rozain made the ruling after finding that the applicants had failed to establish a prima facie case of contempt against the respondents.
The two companies filed contempt proceedings against eight individuals for allegedly disrupting the administration of justice amid ongoing legal proceedings.
The eight are – Federal Land Commissioner Datuk Muhammad Azmi Mohd Zain; Dang Wangi police chief Assistant Commissioner Sulizmie Affendy Sulaiman; Lim Seong Hai Capital Berhad (LSH) chairman Tan Sri Lim Keng Cheng; LSH chief executive Khairil Faizal Othman; Communications Ministry secretary-general Datuk Mohamad Fauzi Md Isa; administrative services division secretary Harun Ali; and senior division secretary (management) Mazlan Abd Mutalib.
The court also found no merit in the plaintiff's claim that the authorities had wrongfully entered its property after the contract with the government ended on March 31, regardless of how forceful the actions were.
"This court is not satisfied that a prima facie case has been established to warrant leave for contempt proceedings to be granted," she said.
Roz Mawar awarded RM15,000 in cost to Fahmi and RM10,000 in cost to the other respondents.
Meanwhile, the court also dismissed the plaintiffs' application for an interim injunction to stop Fahmi and the government from granting the KL Tower concession to LSH Service Master Sdn Bhd, ruling that the matter had become academic.
On March 27, the plaintiffs filed a RM1 billion suit against Fahmi and the new KL Tower concessionaire following the termination of the management agreement.
In a statement, MKLSB managing director Datuk Abdul Hamid Shaikh said the injunction aims to maintain the current status quo until the dispute is fully resolved in court.
He said that in 2022, Hydroshoppe was invited by the Communications Ministry to become a strategic partner in revitalising MKLSB's operations and ensuring the tower's continued management and maintenance.
Abdul Hamid claimed that despite multiple attempts to resolve the matter amicably, the ministry and the new concessionaire have refused to acknowledge the 2022 agreement, leaving MKLSB and Hydroshoppe facing financial and operational uncertainty.
He claimed that outstanding payments amounting to RM25 million for maintenance and operational services remain unpaid, and have added further financial strain,
MKLSB has managed and maintained KL Tower for nearly 30 years.