Setback in Metramac appeal
Soon Li TsinPublished: Jul 10, 2006 6:03 PM | Updated: Jan 29, 2008 6:21 PM
The much-awaited appeal by toll concessionaire Metramac Corporation Sdn Bhd failed to take off in the Federal Court today after the hearing became bogged down by considerations of what could be argued.
The much-awaited appeal by toll concessionaire Metramac Corporation Sdn Bhd failed to take off in the Federal Court today after the hearing became bogged down by considerations of what could be argued.
The court then decided that Metramac should limit its arguments to three pre-determined issues in its appeal against the RM65 million judgment awarded to Fawziah Holdings for loss of advertising rights.
The five-member bench headed by Chief Justice Ahmad Fairuz Sheikh Abdul Halim (photo) told Fawziah Holdings lawyer Dr Cyrus Das that he could raise objections in the event that Muhammad Shafee Abdullah's arguments for Metramac go beyond the ambit of these issues.
The pre-determined issues before the court are:
- Whether the creation of trust under the sale agreement amounts to an illegal reduction of capital;
- Whether the test adopted by the Court of Appeal was correct in its determination that clause 8 of the Signage Agreements is a stipulation by way of penalty named in contract for purposes of Section 75 of the Contract Acts 1950; and
- Whether the Court of Appeal's adverse remarks or findings show a real danger of bias in the judgment arrived at against Metramac.
When the hearing began, Das raised objections against Shafee's 22 grounds of appeal, saying that these "swayed outside the three leading questions".
He asked the court to strike out at least 14 of those grounds, describing them as "failed arguments" from earlier hearings.
"It is important to argue about this from the outset. We are not asking for the appeal to be struck out. We're asking them to re-write the memorandum of appeal," he said.
"The court must decide whether the 14 grounds fall under the three questions pertaining to trust, contract and bias."
Shafee then agreed to present his submissions tomorrow.
Apart from contesting the compensation award to Fawziah Holdings, Metramac is seeking to nullify the whole Court of Appeal judgment on the question of judicial bias.
The case caught public attention after appellate judge Gopal Sri Ram made "adverse statements" on the involvement of high-profile figures like former finance minister Daim Zainuddin and business tycoon Halim Saad.
Gopal said Halim and his former business partner Anuar Othman had siphoned RM32.5 million under the alleged patronage of Daim.
The court will also hear applications by Daim and Halim to expunge all references made in relation to them in the written judgment of the Appeals Court.
The court then decided that Metramac should limit its arguments to three pre-determined issues in its appeal against the RM65 million judgment awarded to Fawziah Holdings for loss of advertising rights.
The five-member bench headed by Chief Justice Ahmad Fairuz Sheikh Abdul Halim (photo) told Fawziah Holdings lawyer Dr Cyrus Das that he could raise objections in the event that Muhammad Shafee Abdullah's arguments for Metramac go beyond the ambit of these issues. The pre-determined issues before the court are:
- Whether the creation of trust under the sale agreement amounts to an illegal reduction of capital;
- Whether the test adopted by the Court of Appeal was correct in its determination that clause 8 of the Signage Agreements is a stipulation by way of penalty named in contract for purposes of Section 75 of the Contract Acts 1950; and
- Whether the Court of Appeal's adverse remarks or findings show a real danger of bias in the judgment arrived at against Metramac.
When the hearing began, Das raised objections against Shafee's 22 grounds of appeal, saying that these "swayed outside the three leading questions".
He asked the court to strike out at least 14 of those grounds, describing them as "failed arguments" from earlier hearings.
"It is important to argue about this from the outset. We are not asking for the appeal to be struck out. We're asking them to re-write the memorandum of appeal," he said. "The court must decide whether the 14 grounds fall under the three questions pertaining to trust, contract and bias."
Shafee then agreed to present his submissions tomorrow.
Apart from contesting the compensation award to Fawziah Holdings, Metramac is seeking to nullify the whole Court of Appeal judgment on the question of judicial bias.
The case caught public attention after appellate judge Gopal Sri Ram made "adverse statements" on the involvement of high-profile figures like former finance minister Daim Zainuddin and business tycoon Halim Saad. Gopal said Halim and his former business partner Anuar Othman had siphoned RM32.5 million under the alleged patronage of Daim.
The court will also hear applications by Daim and Halim to expunge all references made in relation to them in the written judgment of the Appeals Court.
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