PUTRAJAYA, Feb 9 ― The legal action involving a developer, KAJ Development Sdn Bhd and the Melaka government over the termination of the Melaka Gateway coastal reclamation project will likely be resolved out of court.
The matter was told to reporters by senior federal counsel Ahmad Hanir Hambaly, who was representing the Melaka government, after the case came up before a three-judge panel of the Federal Court chaired by Court of Appeal president Tan Sri Rohana Yusuf, today.
The other judges on the bench were Datuk Abdul Rahman Sebli and Datuk Mary Lim Thiam Suan. The hearing of the company’s application for leave to appeal was fixed for today.
Ahmad Hanir said KAJ Development’s counsel, Datuk Loh Siew Cheang applied for an adjournment of today’s proceeding and informed the panel that his client wanted to settle its case.
He said he did not oppose the adjournment.
The court then fixed May 19 to hear the case.
KAJ Development is appealing against the Court of Appeal’s decision on April 9, 2021 of dismissing its application to obtain leave to initiate a judicial review.
On February 17, 2021, the Melaka High Court dismissed KAJ Development’s application to obtain leave to have the full merits of the judicial review heard, ruling that there was no public law element involved in the state’s decision.
On December 4, 2020, the company filed the judicial review application against the Melaka state government after its agreement with the state government was terminated.
The company entered into an agreement with the Melaka government on October 4, 2017, to reclaim the state’s coastal land and islands.
KAJ Development is seeking a court order to quash the state government’s order to issue the notice of termination dated November 11, 2020.
The company also wants a declaration that the termination notice is null and void, as it violates Section 7 and 9(1) of the Temporary Measures to Reduce the Impact of Covid-19 Act and another declaration that the termination is illegal and unlawful.
Melaka Gateway is a mixed development project worth RM43 billion, consisting of three new islands. ― Bernama
