KUALA LUMPUR – The high court has granted a Berjaya Corporation Bhd-backed entity more time to file relevant paperwork in its judicial review against Spanco Sdn Bhd and others relating to the termination of a multi-million-ringgit government vehicle fleet supply and management contract.
Cekap Urus Sdn Bhd, a joint venture (JV) between Berjaya, Naza Corporation Holdings Sdn Bhd and Yang di-Pertuan Agong Sultan Ibrahim’s daughter Tunku Tun Aminah Sultan Ibrahim, was afforded the time extension by judge Datuk Ahmad Kamal Md Shahid earlier today.
When contacted by Scoop later, Cekap Urus’ lawyer Chuar Kia Lin said his client was directed to file Form 110, a document pertaining to the notice of hearing, before or on April 15.
“The next case management has been fixed for May 4,” he added, noting that Cekap Urus had already submitted the required documents to the court via e-filing.
The decision today comes after much technical back-and-forth pertaining to how Cekap Urus had not filed a notice informing the respondents in its judicial review – Spanco, the Finance Ministry and the government – of the hearing, as stipulated by the law.
Cekap Urus, in which Berjaya owns a 51% stake while Naza and and Tunku Tun Aminah hold the remaining 29% and 20%, respectively, was supposed to have filed a notice of hearing for judicial review within two weeks from the date leave was granted on August 24 last year.
However, the JV had failed to do so, instead seeking for a time extension as its lawyers argued that the mistake was unintentional, pointing out that other necessary papers were filed and served to the respondents within the permitted time on September 6.
Spanco’s counsels, however, had reportedly objected to the application for additional time, insisting that the applicants should be made to adhere to the law.
The legal challenge was first initiated on August 20 by Berjaya Group founder Tan Sri Vincent Tan, who filed the application under Cekap Urus through Messrs Pierre Chuah & Associates.
Tan claimed that in 2019, the JV had been issued a letter of intent (LoI) to take over the management of the government’s fleet concession from Spanco, which reportedly involved around 12,500 vehicles worth an estimated RM300 million annually starting after the fifth year.
However, the business tycoon alleged that in 2020, the Perikatan Nasional administration under then-prime minister Tan Sri Muhyiddin Yassin had terminated the LoI with Cekap Urus to give the tender to Spanco while paying the latter RM700 million more.
Besides a court declaration that the LoI’s termination by the Finance Ministry then as well as the decision to award Spanco the contract through direct negotiation was invalid, null and void, Cekap Urus is also seeking a mandamus order to compel the government to execute the letter awarded to it.
The JV is also seeking a certiorari order to quash the government’s decision on January 25 this year in dismissing its appeal against the termination, a stay of the government and ministry’s decision pending determination of the matter, as well as damages and costs to be assessed.
Yesterday, Spanco chairman Tan Sri Robert Tan claimed trial to a charge of dishonestly inducing the Finance Ministry into awarding a fleet supply, repair, maintenance and management contract to Spanco in 2019.
Tan, who was charged under Section 420 of the Penal Code on cheating, is accused of tricking the ministry into awarding the tender worth RM3.9 billion by claiming that at least 30% of Spanco’s shareholders were Bumiputera. – April 4, 2024