News about court

“There has been some development following a change in government and ministers.

The Parkville RA filed the judicial review through its chairman, seeking a declaration that the RA is entitled to impose a rule that non-paying owners and residents or non-members of the association in the residential area would operate the boom gates themselves without the assistance of the security guards.

Due to a default payment amounting to RM198,116.

The Federal Court decisively held that Section 16M of the HDA refers to “a claim”, and not to “all the claims” in respect of the monetary limit, and therefore, each split claim before the Tribunal should be assessed separately and distinctly from each other.

Judicial Commissioner Liza Chan Sow Keng granted the inter-partes (both parties) interim injunction.

The bench also ordered both of them to pay RM70,000 costs to the Taman Bangsar RA.

They claim that since last year, they had separately tried to redeem their investments, but ACE Holdings had replied that since its operations were badly affected by the Covid-19 pandemic, payments would be delayed.

The upcoming Federal Court decision will once and for all decide whether the land should be developed or not.

Judge Datuk Nallini Pathmanathan, who wrote the unanimous decision, ruled Section 22(2A) said the development affecting hill tops or hill slopes are no longer merely an issue of local state governance.

“No law shall provide for the compulsory acquisition or use of property without adequate compensation.