PUTRAJAYA: The Federal Court has allowed an application by a company, which was refused a judicial review of the cancellation of the Melaka Gateway coastal reclamation project, to possibly settle its dispute with the state government out of court.
The lawyer for KAJ Development Sdn Bhd, Loh Siew Cheang, told a three-member bench chaired by Rohana Yusuf the parties needed time to settle the matter.
Senior federal counsel Ahmad Hanir Hambaly, who represented the Melaka government, did not oppose the adjournment.
Rohana, who sat with Abdul Rahman Sebli and Mary Lim, gave the parties three months to try and reach a settlement, and instructed case management to be held today to fix the next hearing date.
Today had been fixed for the company’s application for leave to appeal after the lower courts dismissed its application for judicial review of the termination of the project, which started in 2017.
KAJ Development had also filed nine questions of law to obtain leave for the merit of its case to be heard.
The company went to court on Dec 4, 2020 after its agreement, inked with the state government in 2017, was terminated.
The agreement was for the reclamation of islands that would form the foundation of the multibillion ringgit Melaka Gateway project, which would include a mega port and free trade economic zone.
KAJ Development is seeking a court order to quash the state government’s directive to issue the notice of termination on Nov 11, 2020.
The company also wants a declaration that the termination notice is null and void, as it violates provisions in the Temporary Measures to Reduce the Impact of Covid-19 Act.
On Feb 17 last year, High Court judge Anselm Charles Fernandis dismissed its leave application on grounds that there was no public law element involved in the state’s decision.
The Court of Appeal upheld the High Court’s decision in April. - FMT
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