The Kuala Lumpur High Court has dismissed an application by Puncak Niaga (M) Sdn Bhd founder Rozali Ismail and two others to get a stay on making a RM35 million payment to a corporate advisor over breach of contract involving a water project.

Judicial commssioner Rosilah Yop ruled as such after hearing submissions from counsel N Vijay Kumar who acted for the plaintiff and counsel Cecil Abraham representing the defendant, in her chambers today.

On Dec 8, 2010, Rosilah had ordered Rozali and the two others to make the RM35 million payment to the plaintiff.

rozali ismail puncak niaga In the writ of summons filed on Sept 26, 2005, Lim Pang Cheong @ George Lim as the plaintiff had demanded the payment from Rozali, 54, who is also the executive chairperson of WWE Holdings Berhad, and was named the first defendant.

Lim had named Mat Hairi Ismail, 49, who is also the younger bother of Rozali and managing director of WWE Holdings Berhad and the company (WWE) itself, as the second and third defendants.

In his statement of claim, Lim had alleged that in the first quarter of 2004, the first defendant had asked the plaintiff to procure a project known as Jelutong sewage treatment plant and central sludge facility for the three defendants and that a commission would be paid to him if it was successful.

On Oct 14 2004, the three defendants notified Bursa Malaysia that the company had succeeded in securing the project from the government on Sept 23, 2004 and its value was RM468.3 million.

Lim further claimed that as per their agreement, he was entitled to a commission of RM23.4 million but it was not forthcoming with the defendants giving excuses that the government had deferred payments to the company and that it (company) was facing financial constraints.

Lim had sought payment of the RM23.4 milion commission and other relief deemed fit by the court besides costs and interest.

The three defendants, in their statement of defence, had claimed that they had never entered into such an agreement with Lim.

- Bernama