PUTRAJAYA, May 31 — The Court of Appeal has rejected an appeal by the former operator of the Kuala Lumpur Tower, Hydroshoppe Sdn Bhd, and its subsidiary Menara Kuala Lumpur Sdn Bhd, to obtain an ad interim injunction aimed at halting the award of the KL Tower concession to LSH Service Master Sdn Bhd.
PUTRAJAYA, May 31 — The Court of Appeal has rejected an appeal by the former operator of the Kuala Lumpur Tower, Hydroshoppe Sdn Bhd, and its subsidiary Menara Kuala Lumpur Sdn Bhd, to obtain an ad interim injunction aimed at halting the award of the KL Tower concession to LSH Service Master Sdn Bhd.
A three-judge panel — Justices Datuk Collin Lawrence Sequerah, Datuk Dr Choo Kah Sing, and Datuk Wan Ahmad Farid Wan Salleh — delivered the unanimous decision, with Justice Sequerah stating that the appellants failed to meet the legal threshold required for such an injunction.
“There is no status quo to preserve as the fifth supplementary agreement expired on March 31 this year,” said Justice Sequerah.
The court ordered Hydroshoppe and Menara KL to pay RM30,000 in legal costs to the respondents: the Ministry of Communications, Minister Fahmi Fadzil, the Malaysian government, LSH Service Master, LSH Best Builders Sdn Bhd, and Service Master (M) Sdn Bhd.
The appeal followed a similar decision by the High Court in April, which had also dismissed the injunction request.
Hydroshoppe and its subsidiary have filed a breach of contract lawsuit against the respondents, accusing LSH and its related entities of inducing a breach of an agreement allegedly made with the government in August 2022. They claim dishonest assistance by LSH Capital and are seeking a declaration that the KL Tower concession awarded to LSH Service Master is unlawful and void.
The companies are also pursuing approximately RM1 billion in damages and are asking for the KL Tower concession to be returned to them.
The High Court is scheduled to hear the inter parte injunction on June 9 and an ex parte contempt application on June 5.
In court yesterday, Hydroshoppe and Menara KL were represented by lawyer Vinayak Sri Ram. Senior Federal Counsel Ahmad Hanir Hambaly@Arwi appeared for the Ministry of Communications, Minister Fahmi, and the government, while Datuk Malik Imtiaz Sarwar represented LSH Service Master, LSH Best Builders, and Service Master. — Bernama
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