TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

The court held s.38(5) is not mandatory in the sense of ousting jurisdiction because s.38(6) provides for extension of time where the Land Administrator failed to refer within six months; a late Form O can be regularised by the court granting an extension under s.38(6), and therefore WCE's strike out application failed.

Citation
BA-15-234-07/2018 (Mahkamah Tinggi)
Parties
Applicant: TEE KIM ONG; Respondent (land Administrator): Pentadbir Tanah Daerah Klang; Interested Party: West Coast Expressway Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2024
Case Number
BA-15-234-07/2018 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under the Land Acquisition Act 1960 / Applications to Strike Out and for Extension of Time Decided; Matter Remitted to Proceed as Land Reference
Outcome
WCE's application to strike out dismissed; Applicant's application to extend time allowed; land reference to proceed
Legal Topics
Compulsory Acquisition, Statutory Interpretation, Extension of Time, Jurisdiction, Filing Deadlines (form O/form N)
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Civil Procedure Compulsory Acquisition Statutory Interpretation Extension of Time Jurisdiction +1 more

Case Brief

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Parties

TEE KIM ONG

Applicant

Pentadbir Tanah Daerah Klang

Respondent (land Administrator)

West Coast Expressway Sdn Bhd

Interested Party

Procedural Posture

Land Reference Under the Land Acquisition Act 1960 / Applications to Strike Out and for Extension of Time Decided; Matter Remitted to Proceed as Land Reference

Legal Issues

  1. 1 Whether s.38(5) of the Land Acquisition Act 1960 is mandatory such that non-compliance ousts the court's jurisdiction
  2. 2 Whether s.38(6) permits an extension of time where Form O was filed late
  3. 3 Whether Form O filed beyond six months must be struck out or can be regularised by extension

Ratio Decidendi

The court held s.38(5) is not mandatory in the sense of ousting jurisdiction because s.38(6) provides for extension of time where the Land Administrator failed to refer within six months; a late Form O can be regularised by the court granting an extension under s.38(6), and therefore WCE's strike out application failed.

Court Disposition

WCE's application to strike out dismissed; Applicant's application to extend time allowed; land reference to proceed

Orders

  • Enclosure 50 (WCE application to strike out Form O) dismissed
  • Enclosure 52 (Applicant's application to extend time for filing Form O to 30.7.2018) allowed