AGC declines to participate in developer’s appeal vs S’gor subsidiary

27 Jun 2019 / 18:14 H.

PUTRAJAYA: The Attorney-General’s Chambers (AGC) has turned down the appellate court’s request to participate in an appeal relating to a contract entered into between a developer and a subsidiary of the Selangor government.

Lawyer Datuk Lim Chee Wee told the three-member Court of Appeal panel chaired by Justice Datuk Hamid Sultan Abu Backer today that the AGC wrote a letter to his client Ikram Anggun Sdn Bhd two months ago, informing that it would not be participating in the court proceedings.

On Feb 22, this year, justice Hamid adjourned the appeal to allow Ikram Anggun and Permodalan Negri Selangor Bhd to submit the required court papers on the AGC to attend the proceedings in court today.

The court wanted the AGC to address the court on the issue whether such contract should be recognised on public policy grounds relating to exchequer principles.

In today’s court proceedings, Hamid who presided with Datuk Hanipah Farikullah and Datuk Wira Kamaludin Md Said, said the court wanted to give the opportunity to the AGC to submit on the point.

He said Ikram Anggun had conceded it did not do any work and yet was seeking RM35 million as compensation from state authorities.

“The government do not give a contract and cancel it; the court is duty bound to inquire into the matter due to the constitutional oath we have taken.

“This type of case is quite rampant. It is a bigger scandal then 1MDB,“ he stressed.

Meanwhile, Ikram Anggun has also filed an application to recuse all three judges from hearing its appeal on grounds of prejudice and bias.

In the appeal proceedings on Feb 22, this year, the court made a remark that if Ikram Anggun’s appeal on the damages was allowed, the exchequer would be short changed.

On the same day, Hamid also affirmed an affidavit which made references to alleged instances of fraud on the exchequer.

He maintained that the court did not have any personal interest in the case but that due to a Federal Court decision, it should be alert if there was irregularity of public policy.

“This is not a ground for recusal. If you want, we can adjourn the appeal and you can write to Court of Appeal president (PCA) Tan Sri Ahmad Maarop to request for a new panel,“ he proposed.

Justice Kamaludin said the court thought it was best to get the AGC to address on the issue but justice Hanipah interjected saying the question was posed by the court after they had perused the records of appeal and written submissions.

She contended it did not mean when the court posed a question, that the judges had already made up their mind.

Lim then requested for the appeal to be adjourned to enable him to write to the PCA for a new panel but Permodalan Negri Selangor’s counsel Kamaruzaman Arif objected saying it would give a blanket licence to parties to change judges.

Hamid however, granted the adjournment and set Aug 8 for case management.

Ikram Anggun and Permodalan Negri Selangor entered into an agreement in 2003 to build residential homes and an institutional centre in Sungai Buloh.

In 2008, the agreement was discontinued and Ikram Anggun filed a suit for unlawful termination.

The Shah Alam High Court dismissed the suit in 2013. The decision was reversed by the Court of Appeal in 2015.

The High Court registrar awarded RM50,000 in nominal damages but the amount was increased to RM100,000 by a High Court judge prompting Ikram Anggun to file the appeal in the Court of Appeal on the quantum. — Bernama

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