Wednesday October 31, 2012
Syabas suit set for Jan 11
KUALA LUMPUR: The High Court here has set Jan 11 to hear Syarikat Bekalan Air Selangorís (Syabas) RM1.05bil suit against the Selangor Government over a water tariff dispute.
High Court judge Justice Mary Lim Thiam Suan fixed Jan 11 and three days from Feb 13 for the trial.
She also set Dec 17 for case management.
This was after counsel Datuk Harpal Singh Grewal, who acted for Syabas, told the court that it had succeeded in obtaining leave to appeal from the Federal Court on Oct 23 against the Court of Appealís decision to allow an amendment to the statement of claim.
On Oct 8, the Court of Appeal granted an appeal by the Selangor state government against a High Courtís decision on May 29 which had allowed Syabasí application to amend its statement of claim.
Initially, Syabas in its statement of claim stated that the compensation should be based on RM1.89 per cubic metre, but later sought the High Courtís permission to amend the quantum to either RM1.82 or RM1.80 per cubic metre, as stated in the water concession agreement.
A three-member panel unanimously allowed the appeal.
Syabas was also ordered to pay costs of RM10,000 to the Selangor state government.
In the suit filed on Nov 10 last year, Syabas is seeking RM1.05bil compensation from the Selangor state government.
Syabas said it sought to increase the gazetted tariff of RM1.39 per cubic metre to a new agreed tariff of RM1.89 per cubic metre for the third operations period from Jan 1, 2009 to Dec 31, 2011.
It claimed that the defendant had failed to inform the company as to whether it agreed to the new tariff or not.
The Selangor state government said the suit by Syabas was an abuse of the court process, arguing that the water industry was undergoing restructuring.
The Selangor sate government was represented by Malik Imtiaz Sarwar and Fahda Nur Ahmad Kamar.
Lawyer Roger Tan is holding a watching brief for the National Water Services Commission.