BENCON DEVELOPMENT SDN BHD V JABATAN PERKHIDMATAN PEMBENTUNGAN & 2 ORS

BENCON DEVELOPMENT SDN BHD V JABATAN PERKHIDMATAN PEMBENTUNGAN & 2 ORS

The Court held that under s18 of the Sewerage Services Act 1993, read with s40 of the Interpretation Act 1967, the Director General (and by delegation the First Respondent) had power to permit a connection subject to conditions including payment of a contribution to upgrade capacity; the requirement was reasonable, not a tax, and certiorari was refused in the public interest; the application was dismissed with costs.

Citation
BENCON DEVELOPMENT SDN BHD V JABATAN PERKHIDMATAN PEMBENTUNGAN & 2 ORS
Parties
Applicant: Bencon Development Sdn Bhd; First Respondent: Jabatan Perkhidmatan Pembentungan; Respondents: 2 ORS
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Originating Motion / High Court Judgment
Outcome
Application dismissed with costs
Legal Topics
Statutory Interpretation, Power to Impose Conditions on Permits, Connection to Public Sewerage System, Contribution for Infrastructure Upgrade, Judicial Review Certiorari
Source Language
en
Administrative Law Local Government Law Public Law Infrastructure Regulation Statutory Interpretation Power to Impose Conditions on Permits Connection to Public Sewerage System Contribution for Infrastructure Upgrade +1 more

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Parties

Bencon Development Sdn Bhd

Applicant

Jabatan Perkhidmatan Pembentungan

First Respondent

2 ORS

Respondents

Procedural Posture

Originating Motion / High Court Judgment

Legal Issues

  1. 1 Whether the First Respondent had power to require the Applicant to pay a contribution to upgrade the existing sewerage system as a condition for permitting connection to the public sewerage system
  2. 2 Whether the condition amounted to an unlawful tax or was ultra vires
  3. 3 Whether discretionary relief (certiorari) should be granted

Ratio Decidendi

The Court held that under s18 of the Sewerage Services Act 1993, read with s40 of the Interpretation Act 1967, the Director General (and by delegation the First Respondent) had power to permit a connection subject to conditions including payment of a contribution to upgrade capacity; the requirement was reasonable, not a tax, and certiorari was refused in the public interest; the application was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs to respondents