What is Dhaya Maju LTAT seeking in its judicial review?

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Dhaya Maju LTAT Seeks to Invalidate Government's Decision to Cancel and Re-tender KVDT2 Project

Dhaya Maju LTAT Sdn Bhd is pursuing a judicial review to challenge the government's decision to cancel the Klang Valley Double Tracking Phrase 2 (KVDT2) project and subsequently reopen the tender. The company is seeking a declaration that these decisions are invalid, null, and void. Furthermore, Dhaya Maju LTAT aims to obtain a certiorari order to quash the cancellation decision and a mandamus order to compel the government to execute all relevant documents and agreements pertaining to the project.
Declaration of Invalidity for Project Cancellation and Re-tendering

In its judicial review application, Dhaya Maju LTAT is requesting the court to declare the government's actions concerning the KVDT2 project as invalid, null, and void. This specifically targets the decision to cancel the project, which was initially awarded on August 19, 2019, and the subsequent decision to reopen the tender process for its execution. The company argues that these governmental actions have adversely affected its rights and interests.
Order to Quash Government's Cancellation Decision

Central to Dhaya Maju LTAT's legal challenge is the demand for a certiorari order. This order, if granted, would legally quash the government's decision to terminate the KVDT2 project. The company contends that the grounds for termination, cited as national interest, security, and public interest, are infused with public law elements that make the decision amenable to judicial review.
Mandamus Order to Compel Execution of Agreements

Beyond challenging the cancellation, Dhaya Maju LTAT is also seeking a mandamus order. This legal instrument would compel the government to proceed with the execution of all necessary documents and agreements related to the KVDT2 project. Essentially, the company is seeking to force the government to fulfil its contractual obligations, assuming the judicial review successfully overturns the cancellation.
Court of Appeal Upholds Contractor's Right to Judicial Review

The Court of Appeal recently dismissed the government's appeal against a High Court decision that allowed Dhaya Maju LTAT to proceed with its judicial review. The appellate court found that the contractor had satisfied the threshold test, demonstrating it was adversely affected by the government's decision made in its public function. This ruling affirmed that the termination, due to its public element, is subject to judicial scrutiny.

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What is Dhaya Maju LTAT seeking in its judicial review?

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