PUTRAJAYA: The government and Dhaya Maju LTAT Sdn Bhd have settled a legal action over the termination of a contract for the Klang Valley Double Tracking (KVDT2) project.
Senior federal counsel Asliza Ali, representing the government, and Transport Minister Datuk Seri Dr Wee Ka Siong informed the Federal Court that the government is withdrawing its appeal related to the case, reported Bernama.
“We have filed a notice of discontinuation on the matter as it was not objected to by the respondent (Dhaya Maju),” she said during yesterday’s proceedings before Justice Vernon Ong Lam Kiat, who chaired the panel with Justices Abdul Rahman Sebli and Mary Lim Thiam Suan.
The panel then ordered for the government’s appeal to be struck out with no order as to costs.
Asliza, when contacted after the online proceedings, confirmed that the withdrawal was done as the government and the contractor have settled the main legal action.
In the judicial review application filed in Sept 2020, Dhaya Maju LTAT, among others, sought a declaration that the government’s decision to cancel the KVDT2 project, which was awarded on Aug 19, 2019, and to subsequently reopen the tender for the project, are invalid, null and void.
For the civil suit matter, the government wants the Federal Court to grant it leave to pursue its appeal against the Court of Appeal’s decision on July 26 last year, in granting Dhaya Maju LTAT an Erinford injunction restraining Keretapi Tanah Melayu Bhd (KTMB) from taking any further steps against revoking the company’s (Dhaya Maju LTAT) licence to occupy the KVDT2 project site.
The appellate court had granted the Erinford injunction pending disposal of the company’s appeal against a High Court’s dismissal of the company’s application last year to secure an interim injunction order to restrain the government and KTMB from instructing the company to stop work on the KVDT2 project.
A party appealing against a court decision may apply for an Erinford injunction, which is used to stop the other parties from dealing with the subject of a legal action until the disposal of the appeal.
On June 29, the Federal Court was told that Dhaya Maju LTAT and the government are close to settling the legal action over the termination of the contract of the KVDT2 project.
