KUALA LUMPUR: The accountant of a plaintiff in a RM360mil suit told the High Court here that his employer had been hoping for a higher sum in a contract for a RM12bil railway project.
Khoo Boo Tee, who worked for Newfields Advisors Sdn Bhd’s CEO Seow Lun Hoo, said under examination that he had not inserted final figures into drafts for an agreement with MMC-Gamuda Joint Venture Sdn Bhd, as Seow was hoping to get a final price of RM390mil instead of RM360mil.
“I subsequently inserted RM360mil into the final agreement on Sept 19, 2008,” Khoo said, adding that he had done so under Seow’s orders.
When counsel Rosli Dahlan told Khoo the defendants claimed he had not sent the agreement to them, Khoo denied it, insisting he had sent two copies each to MMC-Gamuda representatives Koek Gim Aik and Hasmafikri Harun.
Seow, SCG Infrastructure Sdn Bhd CEO Mansur Ghazali, Scomi Group CEO Shah Hakim and NR System Sdn Bhd are all plaintiffs in a suit against MMC-Gamuda for its alleged failure to award a contract worth RM360mil to them.
According to their statement of claim, there had been an agreement between NR System and MMC-Gamuda in 2007 to be awarded an employer’s representative (ER) contract for the system works for the Northern Double-Track Project.
When cross-examined by counsel Yeoh Cho Keong, Khoo confirmed Northern Rail, the nominee company for the plaintiffs before the formation of NR System, was a “three-dollar company” at the time of its incorporation.
Yeoh asked if the low capital would have made it difficult for them to obtain projects such as the Northern Double-Track Project.
“Yes, if they had still been a three-dollar company at the time,” Khoo answered.
Also in court was Mansur, who was re-examined by Rosli.
During cross-examination by counsel Ranjit Singh, the railways expert had made reference to similiar contracts, giving an example of a railway contract in Rawang which was awarded to a contractor company called Opus.
Ranjit had on Thursday used a hypothetical situation to suggest the price the plaintiffs had been asking for was exorbitant.
“Would you agree with me that the contract for the System Integration awarded to NR System is RM60mil; below what was given to Opus?” Rosli asked Mansur yesterday, to which the answer was “yes”.
2013 Bar Council subscription Click the link above to download Circular 090/2013 pertaining to the 2013 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2013 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Starting a new Practice If you are thinking of setting up your own law practice, click on the link above to view Bar Council's information and checklists to help you prepare for your new endeavour.
Risk Management for Staff Workshop, Kuala Lumpur (20 June 2013) Organised by the Bar Council Professional Indemnity Insurance Committee, this workshop will be held at 9:00 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 20 June 2013 (Thursday). The workshop carries seven CPD points. Click on the link above for more details.
Kuala Lumpur Bar Seminar on Judicial Review 101 (20 June 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by Shanmuga Kanesalingam will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, 10th Floor, Wisma Kraftangan, on 20 June 2013 (Thursday). The seminar carries two CPD points. Click on the link above for more details.
Kuala Lumpur Bar Strategic Litigation Camp (21 to 23 June 2013) Organised by the Kuala Lumpur Bar Young Lawyers Committee and the Malaysian Centre for Constitutionalism and Human Rights, this event will be held at the Firefly Park Resort, Kuala Selangor, from 21 to 23 June 2013 (Friday to Sunday). Click on the link above for more details.
Kuala Lumpur Bar Luncheon: Feast with the Giants of the Bar (22 June 2013) Organised by the Kuala Lumpur Bar Pupils Welfare Committee and Young Lawyers Committee, this event will be held at 12:00 noon, at The Smokehouse Restaurant, Jalan Telawi 3, Bangsar, on 22 June 2013 (Saturday). Click on the link above for more details.
The Legacy Series | Gopal Sri Ram Lectures (June and July 2013) Organised by the Bar Council Professional Standards and Development Committee, these lectures by Datuk Seri Gopal Sri Ram will be held at 2:00 pm to 4:00 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 24 June 2013 (Monday), and 9, 16 and 23 July 2013 (Tuesdays). The lectures carry two CPD points each. Click on the link above for more details.
Kuala Lumpur Bar Seminar on the Torrens System and Equitable Principles (2 July 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by SY Kok will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, Wisma Kraftangan, on 2 July 2013 (Tuesday). The seminar carries two CPD points. Click on the link above for more details.
Seminar on Medical Disability and the Assessment of Damages (6 and 7 July 2013) Co-organised by Malaysian Occupational Therapy Association, Malaysian Healthy Ageing Society and Perdana University, in collaboration with Bar Council, this seminar will be held at Berjaya Times Square, Kuala Lumpur, on 6 and 7 July 2013 (Saturday and Sunday). The seminar carries 10 CPD points. Click on the link above for more details.
News 
©The Star (Used by permission)
Subscribe to this comment's feed
Circular No 138/2013: Request for Feedback on Issues Pertaining to Stamp Duty and Real Property
