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.

[4] The respondent (Respondent) is the owner and occupant of the land adjoining the Appellant's Land (Respondent's Land).

[5] On 15 October 2021, the Appellant's building surveyors, P-Con Building Surveyor Sdn Bhd (PBS), had written to the Respondent and sought the Respondent's permission to inspect the Respondent's Land before the commencement of the Development [PBS's Letter (15 October 2021)]. By way of a letter dated 29 October 2021, the Respondent replied to PBS's Letter (15 October 2021) [Respondent's Letter (29 October 2021)]. According to the Respondent's Letter (29 October 2021), among others, the Development was "humongous" which would "certainly adversely affect" the Respondent's Land. It was clear from the Respondent's Letter (29 October 2021) that the Respondent had actual knowledge of the Development.