Symphony Life Berhad has suffered a setback in its long-running legal dispute over the TWY @ Mont Kiara development after the Court of Appeal dismissed two appeals filed by its wholly owned subsidiary, SymLife Star Kiara Sdn Bhd.
The company said the Court of Appeal unanimously rejected appeals brought by SymLife Star Kiara against decisions of the High Court relating to an arbitration award obtained by contractor Top International Engineering (Malaysia) Sdn Bhd.
The first appeal challenged the High Court’s dismissal of SymLife Star Kiara’s application to set aside the arbitral award, while the second appeal sought to overturn the High Court’s decision allowing the award to be enforced.
The appellate court dismissed both appeals and ordered SymLife Star Kiara to pay costs of RM30,000 for each appeal.
According to the company, the Court of Appeal held that the High Court was correct in finding that none of the grounds required to set aside the arbitral award had been established. The court also found no basis to interfere with the High Court’s findings.
The Court of Appeal further stated that even if an arbitral award is found to conflict with public policy, setting aside the award is not automatic and remains subject to judicial discretion, with courts expected to adopt a minimal intervention approach in arbitration matters.
The dispute stems from claims arising from the TWY @ Mont Kiara project and has been the subject of a series of court proceedings and arbitration-related applications since 2024.
Symphony Life said it is currently seeking legal advice on whether to file an application for leave to appeal the Court of Appeal’s decision to the Federal Court. Any such application must be made within 30 days from the date of the ruling.
