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1988 MarsdenLR 802

ABDUL HAMID OMAR, GEORGE SEAH, HASHIM YEOP SANI, EUSOFFE ABDOOLCADER, SALLEH ABAS
GOVERNMENT OF MALAYSIA – Appellant
Versus
LIM KIT SIANG – Respondent


Advocates:
For the appellant (SCCA 434/87) - Abu Talib Othman, Attorney-General, Malaysia (T. Selventhiranathan, SFC with him)
For the appellant (SCCA 456/87) - R.R. Chelliah (Zaid Ibrahim & C.P. Mahendran with him); M/s. Zaid Ibrahim & Co.
For the respondent (in both Appeals) - On 12 January 1988 - T. Thomas (K.C. Cheah, N. Shanmugam & C.G. Oh with him); On 14 & 15

JUDGMENT

Salleh Abas LP:

The respondent who is the Leader of Opposition is seeking the aid of the Court to Interfere in the affairs of a proposed privatisation contract for the construction of North and South Highway due to be signed between the United Engineers (M) Bhd. (UEM), (appellant in appeal No. 456/1987) and the Government of Malaysia, (appellant in appeal No. 434/1987) by asking for a declaration that the letter of intent issued by the Government to UEM in respect of the North and South Highway (NSH) contract is invalid and based on the premise he also prays for a permanent injunction to restrain UEM from signing it with the Government .

On 18 August 1987 he filed a suit to that effect at Penang High Court and on the same day applied by way of an ex parte Summons-in-Chambers for an interim injunction against UEM to restrain it from signing the NSH contract. The application was heard by Edgar Joseph Jr. J. He refused the application but on appeal to the Supreme Court (Tan Sri Lee Hun Hoe CJ Borneo, Wan Suleiman and Wan Hamzah) the Court ordered the interim injunction to be issued "with liberty to apply" and at the same time directed an early trial of the suits.

Soon afte

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