TEE KIM SANG v Pentadbir Tanah dan Daerah PIHAK TERKILAN WEST COAST EXPRESSWAY SDN. BHD.

ba-15-235-07-2018 High Court (Mahkamah Tinggi) 12 November 2024 • BA-15-235-07/2018 • 15 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Land reference-High Court allowed increase in compensation-subsequent to the decision, the party requesting for acquisition applied to be added as party interested/intervener and to set aside the High Court decision to increase compensation-application of intervener allowed-land reference to be re-heard-intervener then filed application to set aside land reference on grounds Form O was filed by Land Administrator out of time contrary to s.38(5) of Land Acquisition Act-Form O was filed 2 months late-land owner then filed application under s.38(6) and (7) for extension of time-whether provision was mandatory-court had jurisdiction to hear application for extension-whether the extension can be applied for after Form O was filed-whether provision envisages an extension to be applied for before Form O filed-whether prejudice occasioned to the intervener by the application for extension of time.

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (7)

Kumar Jaspal Quah & Aishah Firm Pejabat Penasihat Undang-Undang Negeri Selangor Firm Brenda Chan Qing Wen Counsel Applicant Chan Zi Yan Counsel Applicant Etty Eliany binti Tesno Counsel Respondent S. Shahman Counsel Intervener Steven How Counsel Intervener

Parties (3)

Pentadbir Tanah dan Daerah Respondent WEST COAST EXPRESSWAY Sdn Bhd Aggrieved Party Tee Kim Sang Appellant

Statutes Cited

Evidence Act 1950 (Cap 56)

Land Acquisition Act 1960 (Cap 486)

Cases Cited (7)

MY (7)

[1954] 1 MLJ 69 [1968] 1 MLJ 176 [1984] 2 MLJ 35 [2012] 1 MLJ 56 [2017] 3 MLJ 561 [2017] MLJU 214 [2024] 1 MLJ 370

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-15-235-07-2018)