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Govt, minister fail to quash ex-KL Tower operator's suit
Govt, minister fail to quash ex-KL Tower operator's suit

Free Malaysia Today

time15-07-2025

  • Business
  • Free Malaysia Today

Govt, minister fail to quash ex-KL Tower operator's suit

The High Court ruled that there are issues arising from a supplementary agreement signed in 2022 between Hydroshoppe and the government for the lease of KL Tower which must go to trial. KUALA LUMPUR : The High Court has rejected the government's bid to strike out a lawsuit filed by KL Tower's former operator over the award of the tower's concession to another company. Justice Roz Mawar Rozain held that Hydroshoppe Sdn Bhd and Menara KL Sdn Bhd's claim against the government and communications minister Fahmi Fadzil, named a co-defendant, must proceed to trial. 'There are triable issues regarding the 2022 agreement,' she added. However the court struck out Hydroshoppe's claim against the new operators, LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd, and Service Master (M) Sdn Bhd. Roz Mawar held that Hydroshoppe had failed to properly identify its cause of action against the three entities, rendering the suit defective. She also ordered Hydroshoppe to pay them RM20,000 in costs. The court fixed the suit against the government and Fahmi for case management on Nov 3. In March, Hydroshoppe and Menara KL filed the suit claiming that the government's award of the concession to the LSH group was in breach of contract. They asked the court to declare the award of the KL Tower concession to LSH Service Master void and unlawful. They are seeking an estimated RM1 billion in damages. Lawyer Vinayak Sri Ram appeared for Hydroshoppe while senior federal counsel Ahmad Hanir Hambaly appeared for the government and lawyer Malik Imtiaz Sarwar represented LSH Service Master.

[UPDATED] Menara KL, parent company's suit against government to proceed to trial
[UPDATED] Menara KL, parent company's suit against government to proceed to trial

New Straits Times

time15-07-2025

  • Business
  • New Straits Times

[UPDATED] Menara KL, parent company's suit against government to proceed to trial

KUALA LUMPUR: Menara Kuala Lumpur Sdn Bhd (MKLSB) and its parent company, Hydroshoppe Sdn Bhd's RM1 billion lawsuit against the government over the termination of the Kuala Lumpur Tower (Menara KL) management agreement will proceed to full trial. This came after High Court judge Roz Mawar Rozain dismissed the application by Communications Minister Datuk Fahmi Fadzil and the government to strike out the suit today. Roz Mawar, in her ruling, said the case against Fahmi and the government should not be struck out at this stage as there are triable issues, particularly relating to the proposed agreement in 2022, that warrant a full hearing. "Fahmi and the government gave five reasons to support their bid to strike out the suit. "While I may agree with some of them, the court finds that the case should not be dismissed at this stage, especially on the 2022 agreement. "This court cannot allow the striking out of the claims against the first (Fahmi) and second (the government) defendants, as this is not a clear and obvious case where the claim is plainly unsustainable. "Therefore, I dismiss the first and second defendants' application to strike out the suit," she said. Roz Mawar then fixed Nov 3 for the next case management. During the same hearing, Roz Mawar also allowed the application by three companies named as defendants to strike out the suit. According to Judge Roz Mawar, the pleadings filed against all three companies were weak, overly general, and insufficient for a claim that requires proof of specific elements. "The plaintiffs failed to state specific facts to support their allegations concerning the defendants' knowledge, the manner of interference (whether direct or indirect) any specific intention to interfere, or any special damages suffered. "The plaintiffs merely made bare allegations of dishonesty without stating specific supporting facts. "The details provided were merely a repetition of general claims from an inducement of breach of contract allegation. "The plaintiffs also failed to specify how the third to fifth defendants breached any duties related to the trust. "Serious allegations such as dishonesty require serious statements supported by concrete facts, not just conclusions," she said. In March 2024, Hydroshoppe and MKLSB filed a lawsuit against Fahmi, the government, LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd, and Service Master (M) Sdn Bhd. LSH Service Master is a joint venture between LSH Best Builders and Service Master, which was awarded the tower management concession, replacing Hydroshoppe and MKLSB. Hydroshoppe and MKLSB filed the suit over the alleged wrongful termination of their agreement in November 2022, which included the extension of the company's concession period from 15 to 30 years.

High Court to hear in full RM1bil KL Tower contract termination suit against govt
High Court to hear in full RM1bil KL Tower contract termination suit against govt

The Star

time15-07-2025

  • Business
  • The Star

High Court to hear in full RM1bil KL Tower contract termination suit against govt

KUALA LUMPUR: The RM1bil lawsuit filed by Menara Kuala Lumpur Sdn Bhd (MKLSB) and its parent company Hydroshoppe Sdn Bhd against the government over alleged wrongful contract termination will be heard on its merits in a full trial. High Court judge Roz Mawar Rozain ordered for the hearing to proceed after finding that there were triable issues in the case. In her decision on Tuesday (July 15), the judge dismissed the application by Communications Minister Datuk Fahmi Fadzil (first defendant) and the government (second defendant) to strike out the lawsuit by the former operator of Kuala Lumpur Tower. In March, Hydroshoppe with MKLSB filed the legal action against Fahmi, the government, LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd. LSH Service Master, a joint venture company between LSH Best Builder and Service Master, was awarded the concession that replaced Hydroshoppe and MKLSB in managing the tower. Justice Roz Mawar, however, allowed the striking out application by the third until the fifth defendants; LSH Service Master, LSH Best Builders and Service Master. "This court is of the considered view that it cannot strike out the case against the first and second defendants here at this juncture because there are triable issues especially pertaining to the proposed 2022 agreement. "The trial will be cut short most definitely but this court cannot allow the striking out against the first and second defendants because it is not a clear case where they are plainly and obviously unsustainable. "The circumstantial evidence may strongly suggest that there's no binding agreement that concluded in 2022 but this court must have that opportunity to determine viva voce evidence," she said. The court fixed Nov 3 for case management. Hydroshoppe and Menara KL filed the lawsuit alleging breach of contract against the respondents. They claimed 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 RM1bil in damages and are seeking the concession of the iconic Kuala Lumpur landmark to be transferred back to them.

Ex-KL Tower operator loses bid to cite minister for contempt
Ex-KL Tower operator loses bid to cite minister for contempt

Free Malaysia Today

time09-06-2025

  • Business
  • 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.

High Court dismisses committal bid by former KL Tower operator
High Court dismisses committal bid by former KL Tower operator

The Sun

time09-06-2025

  • Business
  • The Sun

High Court dismisses committal bid by former KL Tower operator

KUALA LUMPUR: The High Court here today dismissed the former operator of Kuala Lumpur Tower's leave application 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, 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.

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