OC Phang to appeal High Court decision on her liability

Former Port Klang Authority (PKA) general manager OC Phang will be appealing the Sept 24 decision and yesterday's decision of the High Court in Shah Alam that she alone is liable for the losses suffered by PKA in the Port Klang Free Zone (PKFZ) project.

In a statement, Phang's lawyers, led by Matthew Thomas Philip, said their client had put a defence of no case to answer, which has not been accepted by the court.

"We are appealing to the Court of Appeal as we are of the view that there was no prima facie case established against Phang.

"Phang will also be appealing the decision made by the High Court yesterday, as she wants to be given a fair opportunity to prosecute her third-party claim for contributions as she was not the sole decision maker in respect of the PKFZ project.

"This is in line with the evidence by PKA’s former chairperson, Lee Hwa Beng, who testified during the trial that all board members at the material time should be held responsible as well," the statement from the lawyers said.

Yesterday, the High Court judge in Shah Alam, Justice M Gunalan, dismissed the submission from Phang’s lawyers, ruling that she had to bear the damages claim from PKA on her own.

Justice Gunalan found that Phang could not maintain her claim for contributions from the other board members in light of her election to submit a no case to answer against PKA.

Her lawyers said the implication from yesterday’s decision meant that Phang would now be precluded from advancing her case at all times, despite she having acted collectively with the members of the board of PKA, which included representatives from the Ministry of Transport, Ministry of Finance and the Economic Planning Unit, who at all material times were also members of the board of PKA.

Her lawyers said the Transport Ministry was the approving authority and the key decision-maker in respect of the PKFZ project.

They said among the allegations raised by Phang in her claim for contribution were that the PKA board members had collectively decided on the purchase of the land directly from Kuala Dimensi Sdn Bhd (KDSB) by using PKA’s internal funds.

"The (board) members were aware and agreed with Jebel Ali Free Zone Authority’s recommendation for the land to be developed in a single phase, as opposed to multiple phases," the statement said.

Prominent businessman G Gnanalingam and two former cabinet ministers - Ting Chew Peh and Chor Chee Heung - were among the board members of PKA at the material time. - Mkini