Ex-KL Tower operator loses bid to cite minister for contempt
KUALA LUMPUR : The High Court here has dismissed an attempt by the former operator of KL Tower to initiate contempt proceedings against communications minister Fahmi Fadzil and seven others, including federal territories land and mines director general Azmi Mohd Zain.
Justice Roz Mawar Rozain ruled that the plaintiffs – Hydroshoppe Sdn Bhd and Menara KL Sdn Bhd – failed to establish the commission of acts by the defendants that disrupted the administration of justice or court proceedings.
'The plaintiffs' lease expired on May 31 and (the government, named as a defendant in the proceedings) is entitled to retake possession,' the judge said when handing down her decision.
Roz Mawar added that LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd, and Service Master (M) Sdn Bhd, also named as defendants, came in subsequently under a new concession agreement.
She ordered Hydroshoppe and Menara KL to pay a total of RM25,000 in costs to the government and LSH Service Master.
The court also dismissed an injunction application filed by Hydroshoppe against the government and LSH Service Master, holding that it had been rendered academic.
The judge ordered Hydroshoppe to pay the government and LSH Service Master an additional sum of RM40,000 as costs over the dismissal of the injunction.
The court will hear the bids by the government and LSH Service Master to strike out Hydroshoppe's lawsuit on July 14.
Hydroshoppe and Menara KL filed the suit claiming that the LSH group had induced the commission by the government of a breach of contract.
They asked the court to declare the award of the KL Tower concession to LSH Service Master void and unlawful.
They also sought an estimated RM1 billion in damages, and for the concession to be transferred back to them.
Lawyer Vinayak Sri Ram appeared for Hydroshoppe while senior federal counsel appeared for Fahmi and lawyer Malik Imtiaz Sarwar represented LSH Service Master.
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