The Shah Alam High Court today allowed a striking out application by Kuala Dimensi Sdn Bhd (KDSB), following a suit filed by the Port Klang Authority, over a disputed sales and purchase agreement to purchase land where the Port Klang Free Zone was built.

The decision was made by Justice Zaleha Yusof, who ruled it was plain and obvious for the case to be struck out.

She also ordered PKA to pay costs of RM10,000.

KDSB was represented by Nahendran Navaratnam and Kelvin Seet Wan Nam, while lawyers Khoo Guan Huat and Cindy Khaw represented PKA.

PKA filed the suit on Sept 18, 2009, over interests of the land under the S&P agreement dated Nov 12, 2002. KDSB meanwhile filed the striking out application on May 3, 2010.

The said total purchase price for the 999.5 acres (400ha) of land worth RM1.088 billion, was calculated at RM25 per square foot with an annual interest of 7.5 percent over 15 years.

PKA claimed that no interest is chargeable on the balance purchase price under the S&P on the basis that the agreement was drawn up and signed by all parties under a mutual mistake of fact.

The port authority had relied heavily on the letter dated Sept 29, 2000, Valuation and Asset Services Department, to the Transport Ministry, contending the special value of RM25 psf had taken into account the interest element.

NONE By reason of the alleged mutual mistake of fact, PKA sought a declaration that no interest is chargeable on the balance of purchase price under the S&P, and an order to rectify the agreement, to reflect it.

PKA is also seeking RM324.25 million in repayment from KDSB.

Following the questionable deal several senior personnel in KDSB including its former general manager, OC Phang ( left ), were c harged with three counts of criminal breach of trust.

Others hauled in were former consultant and architect Bernard Tan and former project manager for PKFZ, Law Jenn Dong, who were separately charged with 24 counts of making false claims, and its former chief operating officer Steven Abok, who faces two charges of making false claims.

Even former Transport Minister Dr Ling Liong Sik, was not spared when he was charged with misleading the cabinet with regards to the aforesaid land deal. Ling's trial dates had been fixed on May 3 to 20.