JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] This judgment discusses the question of whether the High Court in an application for a Judicial Review (JRA) of a "development order" (DO) issued by the Datuk Bandar Kuala Lumpur (DBKL) for the development on a piece of land pursuant to s 22(2) of the Federal Territory (Planning) Act 1982 (FTPA) has the power under O 53 r 3(5) of the Rules of Court 2012 (RC) to grant a stay of the DO pending the disposal of the JRA, in favour of the applicant in the JRA (an owner and occupier of the neighbouring land).

B. Background

[2] The above-named appellant company (Appellant) owns a piece of land, Lot PT 9419, Mukim Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur (Appellant's Land).

[3] On 25 October 2017, the Appellant had obtained a DO from the DBKL to develop the Appellant's Land (Development). Consequently, the Development had commenced on the Appellant's Land and at the time of the hearing of this notice of motion in court enclosure no 3 (Enc. 3), the Development had yet to be completed.