Court bins KL Tower's ex-restaurateur's suit against Fahmi, govt

The High Court has struck out the civil suit filed by the former KL Tower revolving restaurant operator against Communication Minister Fahmi Fadzil, the government, and three others.

In delivering his verdict today, judge Raja Ahmad Mohzanuddin Shah Raja Mohzan allowed the defendants’ applications to strike out the suit, saying the restaurant’s claim of nonfeasance is not sustainable.

There were two separate strike-out applications before Mohzanuddin, where the first to third defendants, namely Hydroshoppe Sdn Bhd, Menara Kuala Lumpur Sdn Bhd, and MKL Cuisine Sdn Bhd, filed their application together with Fahmi’s striking out suit, which was filed together with the government’s.

The judge, in allowing Fahmi and the government’s application, said that the plaintiff, namely Asian Kitchen Sdn Bhd, lacks locus standi.

He added that Fahmi and the government have no duty to protect the interests of Asian Kitchen Sdn Bhd, assuming there is any.

“I conclude that the plaintiff lacks locus standi to bring this action against the fourth and fifth defendants.

“In the absence of a direct nexus between the parties, it is impossible to even consider holding the fourth and fifth defendants liable.

“When it comes to actions for nonfeasance, it is trite law that the duty to act is (a) central concern.”

Mohzanuddin said the suit before him mirrors other legal action involving the same parties that was filed in the Commercial Division of the Kuala Lumpur High Court, in allowing the first to third defendant’s application.

“So much so that I would say that I was looking at the same paper in the same action, if I did not look at the title.

“In such a situation, there is certainly a risk that two different courts could issue contradictory judgments based on similar facts.”

The judge awarded RM10,000 in costs to Fahmi and the government, and RM10,000 to the other three defendants, namely Hydroshoppe Sdn Bhd, Menara Kuala Lumpur Sdn Bhd, and MKL Cuisine Sdn Bhd.

Asian Kitchen’s lawsuit

Asian Kitchen filed its suit against the defendants on April 23, seeking the court’s declaration that Fahmi had committed nonfeasance in public office, as well as exemplary, pure, aggravated, and general damages against all the defendants.

The restaurant operator claimed the government had a duty to protect KL Tower’s stakeholders’ interests, including them, as they were “instrumental” in attracting visitors to the location.

They also claimed they have suffered losses due to several reasons, including the authorities’ investigation into KL Tower, the restaurant’s relocation, the termination of employee contracts, and the cancellation of customers’ advance dining reservations.

The authorities’ probe into the tower led to Hydroshoppe’s managing director, Abdul Hamid Shaikh Abdul Razak Shaikh, being charged in court on April 5, 2023.

He was accused of offering RM7.5 million as inducement for a then-minister to expedite a proposed sale of shares and a concession takeover from Menara Lumpur Sdn Bhd.

Court of Appeal dismisses ex-KL Tower operator's leave for committal bid

Did govt award KL Tower concession because of minister's daughter, PN asks

Wan Saiful questions MACC's silence on KL Tower cronyism claims

High Court dismisses ex-KL Tower operator's committal bid