Date:
2010-01-27
Written By:
Dato' Lee Hwa Beng
The purpose of this press statement is to update the public on the key steps taken by the Port Kelang Authority (PKA) since the completion of the report by the task force in August 2009 over the Port Klang Free Zone project.
PKA has to-date filed 4 civil suits at the Shah Alam High Court against Kuala Dimensi Sdn Bhd (KDSB), BTA Architect and Datin Paduka Phang Oi Choo (OC Phang).
On 18 September 2009, PKA filed the first suit against KDSB challenging the validity and computation of interest charged by KDSB for the sale of the land to PKA. KDSB has entered appearance to the suit and also filed and served its defence on 4 January 2010.
On 25 September 2009, PKA filed a second suit against KDSB seeking a declaration that the increase in the interest rate from 5% to 7.5% per annum in respect of a supplementary agreement for additional development works signed in April 2006 is null and void.
PKA has also on 25 September 2009 filed a third suit against KDSB and BTA Architect in respect of key development agreements and supplementary agreements signed between February 2003 and November 2006, wherein PKA sought for amongst other remedies, declaratory orders and damages against both the Defendants.
Both KDSB and BTA Architect have entered appearance to the respective suits. KDSB has applied to court for an order to stay the proceedings in the second and third suits alleging that the dispute between the parties ought to be referred to arbitration. KDSB’s stay applications in both the second and third suits are fixed for case management on 19 February 2010. PKA had in the meantime obtained an order at the High Court to restrain KDSB from proceeding with the arbitration process pending the court’s determination of their stay applications. KDSB is appealing to the Court of Appeal against High Court order.
The fourth suit was filed by PKA on 8 October 2009 against OC Phang, the former General Manager of PKA, for breaches of fiduciary, contractual and common law duties to PKA. OC Phang has entered appearance to the suit and her defence is due to be filed by 31 January 2010. OC Phang has in the meantime filed an application in court for discovery of documents.
Apart from filing the civil suits in court, PKA has lodged various police and MACC reports and complaints to various disciplinary bodies.
Thank you.
DATO’ LEE HWA BENG
Chairman
Port Klang Authority
