Lawyers acting for PKA have been unable to serve the papers of a civil suit filed two months ago.
OC Phang failed to comply with Treasury guidelines, failed to ensure that key agreements entered into by PKA contain adequate terms necessary to safeguard PKA’s interest, and appointing a quantity surveyor which was in a position of conflict of interest due to its association with KDSB.
OC Phang, where are you?
PETALING JAYA (Dec 7, 2009) : Has the former Port Klang Authority (PKA) general manager Datin Paduka Phang Oi Choo (OC Phang) left the country? Lawyers acting for PKA have been unable to serve the papers of a civil suit filed two months ago.
On Oct 8, PKA through its lawyers Skrine & Co filed a suit against Phang for breaches of her fiduciary, contractual and common law duties to PKA over the Port Klang Free Zone (PKFZ) multi-billion ringgit fiasco. It contends that she had failed to exercise due care, diligence and skill in the discharge of her duties as PKA general manager. Among others, failing to comply with Treasury guidelines, failing to ensure that key agreements entered into by PKA contain adequate terms necessary to safeguard PKA’s interest, and appointing a quantity surveyor which was in a position of conflict of interest due to its association with KDSB (Kuala Dimensi Sdn Bhd), the turnkey developer of PKFZ.”
Sources familiar with the case said that several attempts were made to serve the writ at Phang’s last known address in Bukit Bandaraya in Bangsar, but on most occasions, no one was at home.
The summons servers, said the source, were at the house as late as last week and met a young woman who said that Phang would be in on Friday to receive the writ, but again, she was not in when they went there.
Lawyers said that the PKA has no choice but to effect a “substituted service” in the form of newspaper advertisements but have warned that this could take up to two months. They have to prepare documents to convince the court that all attempts to serve the papers have been exhausted.
“The summons servers will have to affirm affidavits giving details of the dates and times they visited the Bukit Bandaraya home and other relevant facts which the court will have to rely on before an order for substituted service can be given,” explained one lawyer.
On Sept 25, PKA filed a RM920 million suit against KDSB and BTA Architect over key development and supplementary agreements signed between February 2003 and November 2006. The authority also filed an originating summons with the Civil High Court registry in Shah Alam, seeking a declaration that the increase in the interest rate in respect of a supplementary agreement for additional development works signed in April 2006 is null and void.