The Borneo Post (Sabah)

Firm challenges govt’s terminatio­n of contract



LUMPUR: The contractor for the Klang Valley Double Tracking Phase 2 (KVDT2) project, Dhaya Maju LTAT Sdn Bhd has obtained leave to proceed with a judicial review to challenge the government’s decision to terminate its contract.

Its lawyer Datuk Lim Chee Wee when met by reporters said High Court judge Datuk Noorin Badaruddin in a three-hour inchambers proceeding today, granted leave to Dhaya Maju LTAT to initiate a judicial review after hearing submission­s from both parties.

In the proceeding, senior federal counsel Ahmad Hanir Hambaly acted for the government and the Transport Minister, named as defendants in the legal action.

“The judge also allowed a stay on the government’s decision to call for a public tender pending the disposal of our judicial review applicatio­n,” Lim said.

Meanwhile, Ahmad Hanir said the court fixed April 28 for case management.

In the judicial review applicatio­n filed in September 2020, Dhaya Maju LTAT named the government and the Transport Minister as defendants seeking a declaratio­n that the defendants’ 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.

The company is also seeking a certiorari order to quash the defendants’ decision to cancel the project and an order of mandamus to compel the defendants to execute all documents and agreements.

Dhaya Maju LTAT is also applying for a stay of the government’s decision to terminate the contract and assess the damages of its action.

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