In connection with the joint venture agreement dated 7 April 2014 between Yayasan Wilayah Persekutuan (YWP) and Memang Perkasa Sdn Bhd (MPSB), a 51% owned subsidiary of Malton for the proposed development of a 12 acre leasehold land located in Taman Tun Dr Ismail, Kuala Lumpur (Land), Perbadanan Pengurusan Trellises and 9 Others (Applicants) had on 11 August 2017, filed Judicial Review proceeding against the Datuk Bandar Kuala Lumpur (1st Respondent) and Dewan Bandaraya Kuala Lumpur (2nd Respondent) for the following Orders:-

1. An Order of Certiorari to quash the decision of Datuk Bandar Kuala Lumpur to grant a conditional planning approval dated 28 February 2017 for the proposed development on the Land;

2. An Order for Certiorari to quash the decision of Datuk Bandar Kuala Lumpur to grant the development order dated 13 July 2017 in relation to the proposed development mentioned in paragraph (i) above; and

3. An Order on Mandamus for the Datuk Bandar Kuala Lumpur to adopt the draft Kuala Lumpur local plan 2020 and publish the said adoption in the gazette pursuant to Section 16 of the Federal Territory (Planning Act) 1982.

On 15 November 2017, the Kuala Lumpur High Court allowed YWP and MPSB’s application to intervene and be added as the 3rd and 4th Respondents in the Judicial Review proceeding.

Subsequently, the Applicants withdrew their claim against Dewan Bandaraya Kuala Lumpur.

On 28 November 2018, the Kuala Lumpur High Court ruled that the Development Order dated 13 July 2017 issued by Datuk Bandar Kuala Lumpur was valid.  The Judicial Review Application was accordingly dismissed with costs.  The Applicants appealed to the Court of Appeal against the decision of the Kuala Lumpur High Court on 28 November 2018. 

On 27 January 2021, the Court of Appeal delivered its decision and handed down the following Orders:

1. that the Applicants’ Appeal was unanimously allowed with costs;  

2. that the decision of the High Court dated 28 November 2018 was set aside; and

3. that an Order of Certiorari be granted quashing the decision of the Datuk Bandar Kuala Lumpur in granting the Development Order dated 13 July 2017 in respect of the proposed development on the Land.

In connection thereto, the Company is seeking legal advice as to the next course of action.

This announcement is dated 29 January 2021.