Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Form n procedure

Legal area

Court

12 Jan 2023

SIME DARBY PLANTATION BERHAD PENTADBIR TANAH DAERAH KLANG PIHAK TERKILAN TENAGA NASIONAL BERHAD

Citation

BA-15-3-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-3-01/2020 (Mahkamah Tinggi)

The application to intervene was dismissed because TNB, as paymaster, did not lodge Form N and under Unggul Tangkas the LAA requires lodging of Form N to object; Spicon was distinguishable on facts (it involved a landowner intervener) and thus did not permit intervention here, so the court denied TNB's application.
4 Mar 2022

Tenaga Nasional Berhad 1. Spicon Products Sdn. Bhd. 2. Pentadbir Tanah Alor Gajah

Citation

01(i)-5-03/2020(M) (Mahkamah Persekutuan)
Court

i
Case number

01(i)-5-03/2020(M) (Mahkamah Persekutuan)

A landowner who accepted the Land Administrator's award is nevertheless entitled to intervene and participate in land reference proceedings initiated by another interested party because Act 486 does not expressly exclude such participation, s45(2) permits application of the Rules of Court 2012 where not inconsistent, and Order 15 r 6 may be invoked to add necessary parties so their Article 13 rights and interests in compensation adequacy are protected; accordingly the Court allowed the appeal and reinstated the High Court order permitting intervention.