
A three-member bench of the Court of Appeal dismissed the application by Hydroshoppe Sdn Bhd and its subsidiary Menara Kuala Lumpur Sdn Bhd.
Justice Collin Lawrence Sequerah, who delivered the court’s unanimous decision, said the applicants failed to meet the legal threshold for the grant of an ad interim injunction.
There was no status quo to maintain as the fifth supplementary agreement on the concession had lapsed on March 31, he said.
Sequerah ordered Hydroshoppe and Menara KL to pay costs totalling RM30,000.
The companies had appealed against a High Court decision in April, dismissing the application for the ad interim injunction.
Hydroshoppe and Menara KL had sued the government for breach of contract, claiming that the LSH group had induced a breach of contract with the government.
They asked the court to declare the award of the KL Tower concession to LSH Service Master as void and unlawful.
They also sought an estimated RM1 billion in damages, and for the concession to be transferred back to them.
The High Court will hear the companies’ applications for two other injunctions on June 9.