Developer files review of minister's decision, seeks RM139b in damages

A developer for the Malacca Gateway integrated deep-sea port project filed a judicial review against Transport Minister Anthony Loke's decision to cancel the port operating licence granted to the firm.

The licence was granted to KAJ Development Bhd by the previous federal government on March 2018, two months before the 14th general election, which led to a change of government.

The developer is also seeking a certiorari order to quash the cancellation of the licence and a mandamus order to compel Loke to give a response to the appeal within 14 days of the court order.

According to theedgemarkets.com, KAJ Development is seeking general damages to be assessed by the court, and special damages of RM139 billion.

The developer named the Malacca Port Authority, Loke and the Malaysian government as respondents.

According to its application, the firm said it received a letter dated Oct 5 last year informing it of the cancellation.

An appeal was filed through a letter to Loke on Nov 14, but KAJ Development did not receive a response.

KAJ Development, which submitted its application to operate the Malacca Gateway project since January 2014, said the project would draw tourists, develop the maritime industry and contribute to the nation's economy.

The company further claimed that it had attracted interest from Royal Caribbean Cruises Ltd, as well as three China-based companies.

Based on these grounds, the report stated that KAJ Development is seeking leave for the full merits of the application to be heard.

The firm is also seeking a declaration that Loke's decision to reject the appeal in cancelling the licence by not replying to the appeal letter by Dec 15, was not in accordance with the law.

It claimed that it also went against the minister's statutory duty and therefore the cancellation of the licence was null and void.

The case came up before Kuala Lumpur High Court judge Nordin Hassan today.

The judge fixed April 24 for the possible hearing of leave. KAJ Development is being represented by Mohd Haniff Khatri Abdulla, who has also acted for Prime Minister Dr Mahathir Mohamad.