Court fixes June 9 to deliver decision on leave bid to cite eight for committal in KL Tower case

• Menara KL and Hydroshoppe’s lawyer, Vinayak Sri Ram of Rosli Dahlan Saravana Partnership, said the eight—who include Communications Minister Datuk Fahmi Fadzil and senior government officials—had allegedly forced the takeover of the iconic KL Tower despite the legal proceedings initiated in March.

KUALA LUMPUR (June 5): The High Court has fixed next Monday (June 9) to deliver its decision on whether to grant leave (permission) to the former operator of KL Tower to initiate proceedings against eight individuals and entities, including the government, for committal.

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.

Menara KL and Hydroshoppe’s lawyer, Vinayak Sri Ram (pictured) of Rosli Dahlan Saravana Partnership, said the eight—who include Communications Minister Datuk Fahmi Fadzil and senior government officials—had allegedly forced the takeover of the iconic KL Tower despite the legal proceedings initiated in March.

“They are acting to pre-judge the court’s own position on whether there is likely or unlikely a case for the plaintiff. These people who moved in are not laypeople but senior members of the executive branch who are expected to possess exemplary conduct," said Vinayak.

He said the question which has yet to be determined is who is entitled to remain in possession of KL Tower pending the outcome of the main suit.

Vinayak said although Menara KL and Hydroshoppe had failed in their application for an ad-interim injunction at the High Court and in their subsequent appeal on May 30, the current court had already fixed June 9 to hear the injunction application that was decided in April.

Senior federal counsel Zetty Zurina Kamaruddin, appearing for Fahmi and the government, denied there was violation or that Hydroshoppe and Menara KL had passed the threshold for committal proceedings to proceed.

She said four plots of the land where KL Tower is located belong to the Federal Land Commissioner and one other plot to Telekom Malaysia Bhd (KL:TM).

Furthermore, Zetty said Hydroshoppe had participated in a request for proposal (RFP) knowing that the company and Menara KL would be replaced in 2023.

In March last year, she said the government announced the winning bidders, namely LSH Service Master Sdn Bhd, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd, in the RFP which Hydroshoppe had participated in.

She added that the government also signed a fifth supplementary agreement with Hydroshoppe for the company to be in the premises until March 31 this year, and this had elapsed.

“There is no undue disruption of justice, as the government are the owners of the land and it acted under Section 485 of the National Land Code to retrieve the property for unlawful occupation,” she added.

Datuk Arthur Wang, the lawyer for LSH Best Builders (which is wholly owned by Lim Seong Hai Capital Bhd (KL:LSH)) pointed out that when the government took over the premises and handed them over to his clients, they were required to do what was required as the new concessionaire.

“If they do not comply, it would offend the ongoing contract with the government as it is supposed to run from April 1,” he said.

Wang added upon taking over, his clients had restored KL Tower and took in Hydroshoppe’s former staff which they had terminated and run the restaurant as before.

“There is no contempt as my clients were merely doing their duty under the contract,” he said.

Judge Roz Mawar Rozain said she is unable to deliver a decision on Thursday (June 5) and fixed June 9 to announce it.

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