ONG HOCK TEK DATUK BANDAR KUALA LUMPUR PENCELAH DICADANGKAN KAISAR MAXIM SDN. BHD

ONG HOCK TEK DATUK BANDAR KUALA LUMPUR PENCELAH DICADANGKAN KAISAR MAXIM SDN. BHD

Court found special circumstances established because the impugned development order allegedly contravenes the Kuala Lumpur statutory plans and allowing irreversible development would render the judicial review nugatory; R2's assertions of financial loss were bare averments unsupported by contemporaneous evidence; balance of convenience and equity favored preserving the status quo; accordingly a stay was granted pending substantive determination of the JR, with costs in the cause.

Citation
WA-25-222-05/2024 (Mahkamah Tinggi)
Parties
Applicant: ONG HOCK TEK; First Respondent: DATUK BANDAR KUALA LUMPUR; Second Respondent: KAISAR MAXIM SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 June 2025
Case Number
WA-25-222-05/2024 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (leave Granted Under Order 53 Rule 3, Rules of Court 2012) / Stay Application Heard and Determination on Stay; Stay Granted Pending Substantive JR
Outcome
Stay granted
Legal Topics
Stay of Proceedings, Judicial Review Leave, Development Order, Statutory Plan Compliance (klsp/klcp 2020), Irreparable Harm, Balance of Convenience
Source Language
Malay/English
Administrative Law Town and Country Planning / Planning Law Land Law Civil Procedure (judicial Review) Stay of Proceedings Judicial Review Leave Development Order Statutory Plan Compliance (klsp/klcp 2020) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

ONG HOCK TEK

Applicant

DATUK BANDAR KUALA LUMPUR

First Respondent

KAISAR MAXIM SDN BHD

Second Respondent

Procedural Posture

Judicial Review (leave Granted Under Order 53 Rule 3, Rules of Court 2012) / Stay Application Heard and Determination on Stay; Stay Granted Pending Substantive JR

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of the development order pending judicial review
  2. 2 Whether the impugned development order contravenes the Kuala Lumpur Structure Plan 2020 and Kuala Lumpur City Plan 2020
  3. 3 Whether irreparable harm to neighbouring landowners will occur if development proceeds

Ratio Decidendi

Court found special circumstances established because the impugned development order allegedly contravenes the Kuala Lumpur statutory plans and allowing irreversible development would render the judicial review nugatory; R2's assertions of financial loss were bare averments unsupported by contemporaneous evidence; balance of convenience and equity favored preserving the status quo; accordingly a stay was granted pending substantive determination of the JR, with costs in the cause.

Court Disposition

Stay granted

Orders

  • Stay of the Impugned Decision and all processes related thereto pending final and substantive determination of the principal judicial review application (L1)
  • Costs in the cause