PUTRAJAYA: The Court of Appeal has dismissed the application by Hydroshoppe Sdn Bhd and its subsidiary Menara Kuala Lumpur Sdn Bhd to obtain an ad interim injunction aimed at halting the transfer of the Menara Kuala Lumpur concession to LSH Service Master Sdn Bhd.
The decision was delivered yesterday by a three-member judicial panel comprising Datuk Collin Lawrence Sequerah, Datuk Dr Choo Kah Sing, and Datuk Wan Ahmad Farid Wan Salleh. Justice Sequerah, delivering the unanimous ruling, stated that the appellants failed to meet the legal threshold required for the granting of such an injunction.
“We believe there is no status quo to maintain because the fifth supplementary agreement expired on 31 March this year,” said Sequerah.
As part of the ruling, Hydroshoppe and Menara Kuala Lumpur were ordered to pay RM30,000 in legal costs to the respondents, which include the Ministry of Communications, Communications Minister Datuk Fahmi Fadzil, the Government of Malaysia, LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd, and Service Master (M) Sdn Bhd.
The appeal was filed against an earlier High Court decision in April, which also rejected the application for an ad interim injunction.
Hydroshoppe and Menara Kuala Lumpur have initiated a breach of contract lawsuit against the respondents. They allege that LSH Service Master and its affiliated companies provided dishonest assistance leading to a breach of a contractual agreement reached with the government during a meeting held in August 2022.
The companies are seeking damages estimated at RM1 billion and are calling for the transfer of the Menara KL concession to be declared null, void, and unlawful. They also seek for the concession of the iconic Kuala Lumpur landmark to be reinstated under their management.
The High Court is scheduled to hear the inter parte injunction application on 9 June, while the ex parte contempt application filed by the companies is set for hearing on 5 June.
During the proceedings, Hydroshoppe and Menara Kuala Lumpur were represented by counsel Vinayak Sri Ram. Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi appeared for the Ministry of Communications, Minister Fahmi Fadzil and the federal government. Datuk Malik Imtiaz Sarwar acted on behalf of LSH Service Master, LSH Best Builders, and Service Master (M).
-Bernama
