A government official confirmed today that a leave to appeal application to the Federal Court was filed on Aug 12.

The apex court has fixed Aug 26 for mention.

On July 16, the Court of Appeal turned down the government’s appeal against an order obtained by Dhaya Maju LTAT to commence a judicial review action on KVDT2.

Judge Lee Swee Seng, who headed the three-man panel, said the company satisfied the threshold test to initiate a judicial review proceeding on grounds that they were adversely affected by a decision of the government in exercising its public function.

“The termination of a construction contract is usually a private law matter, but in this case, there is a public element as the government said the termination was done on the grounds of ‘national interest’,” Lee had said when delivering the court’s unanimous decision.

The court said there was no reason to interfere with the High Court judge’s powers to exercise her discretion in allowing a stay on the government’s decision to call for a public tender on KVDT2, pending Dhaya Maju LTAT’s court case. The appellate court also instructed the case to revert to the High Court for hearing.

The company is seeking a court declaration that former transport minister Wee Ka Siong’s decision to cancel its KVDT2 contract, as well as to reopen the tender, are null and void.

Dhaya Maju LTAT also wanted the court to quash the decision and to compel the government to execute all documents and agreements.

KVDT2 was one of the 101 projects costing RM6.61 billion alleged by the Perikatan Nasional government in Parliament to have been awarded through direct negotiations during Pakatan Harapan’s administration.

The project spans 110km, involving two KTM railway tracks – one from Salak South to Seremban and the other from a point between KL Sentral and Angkasapuri to Port Klang.