High Court dismisses former KL Tower operator's committal bid
KUALA LUMPUR: The High Court here has dismissed the leave application by the former operator of Kuala Lumpur Tower to commence committal proceedings against seven individuals and the government.
The former operator, Menara Kuala Lumpur Sdn Bhd, and its parent, Hydroshoppe Sdn Bhd, are seeking contempt of court action against the eight for allegedly disrupting the administration of justice amid ongoing legal proceedings.
Judge Roz Mawar Rozain, who rejected the application, ordered the two companies to pay RM25,000 to the respondents, including Communications Minister Datuk Fahmi Fadzil.
Six other officials were also named as respondents, including Dang Wangi district police chief ACP Sulizmie Affendy Sulaiman, Federal Land Commissioner Datuk Muhammad Azmi Mohd Zain and Communications Ministry Secretary-General Datuk Mohamad Fauzi Md Isa.
In her judgment on Monday (June 9), Judge Roz Mawar ruled that the court was not satisfied there was a prima facie case to warrant the granting of leave for contempt proceedings.
She further held that the court was not persuaded by Hydroshoppe's assertion of encroachment on its properties, regardless of the manner, given that its contract with the government had lapsed on March 31.
The court also dismissed the inter partes injunction application by Hydroshoppe and Menara KL, ordering both companies to pay RM20,000 each in costs to the government, as well as to LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd.
The court then fixed July 14 to hear the striking-out applications filed by Fahmi and the three companies.
Hydroshoppe and Menara KL filed a breach of contract suit against the respondents, alleging that LSH Capital and its subsidiaries induced a breach of an agreement purportedly reached with the government during a meeting in August 2022.
The plaintiffs further claimed that the respondents engaged in dishonest assistance and are seeking a declaration that the award of the KL Tower concession to LSH Service Master is void and unlawful.
In addition, they are claiming an estimated RM1 billion in damages and are seeking the concession of the iconic Kuala Lumpur landmark to be transferred back to them. - Bernama
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Malaysiakini
40 minutes ago
- Malaysiakini
Woman loses over RM600k to fake share investment scheme
A research officer lost more than RM600,000 after falling victim to a bogus share investment scheme. Pahang police chief Yahaya Othman said the 57-year-old woman was first lured into the scheme after being added to a WhatsApp group on March 21. She made an initial investment of RM14,000...
Free Malaysia Today
an hour ago
- Free Malaysia Today
Ex-KL Tower operator loses bid to cite minister for contempt
The Kuala Lumpur High Court dismissed Hydroshoppe Sdn Bhd's bid to bring contempt proceedings and secure an injunction against the government and LSH Service Master Sdn Bhd with costs of RM65,000. (Envato Elements pic) 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.
![[UPDATED] KL Tower tussle: Court dismisses contempt bid by ex-operator](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2FMahkamah-New_1749442799.jpg&w=3840&q=100)
![[UPDATED] KL Tower tussle: Court dismisses contempt bid by ex-operator](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fassets%2FNST-Logo%402x.png%3Fid%3Db37a17055cb1ffea01f5&w=48&q=75){kind=small}
New Straits Times
an hour ago
- New Straits Times
[UPDATED] KL Tower tussle: Court dismisses contempt bid by ex-operator
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.
