SPICON PRODUCTS SDN BHD v. TENAGA NASIONAL BERHAD & ANOR

[2022] 3 MLRA 307
Federal Court, Putrajaya
Mohd Zawawi Salleh, Zabariah Mohd Yusof, Mary Lim Thiam Suan, Harmindar Singh Dhaliwal, Rhodzariah Bujang FCJJ
[Federal Court No: 01(i)-5-03-2020(M)]
Mohd Zawawi Salleh, Zabariah Mohd Yusof, Mary Lim Thiam Suan, Harmindar Singh Dhaliwal, Rhodzariah Bujang FCJJ

JUDGMENT

Mary Lim Thiam Suan FCJ:

[1] My learned brothers and sisters in this panel have read this judgment in draft and they have agreed to the draft in toto. This is the unanimous decision of this Court.

[2] The single poser in this appeal is whether a landowner who has, without any objection, accepted an award of compensation made by the Land Administrator is nevertheless entitled to intervene and participate in land reference proceedings initiated by another interested party, namely the 'paymaster' who had objected to that award of the Land Administrator. This issue is of utmost importance and relevance to the proper conduct of land reference proceedings.

[3] The landowner who is the appellant in this appeal invoked the procedural options of intervention and joinder under O 15 of the Rules of Court 2012 in order to partake in the land reference proceedings. The application was allowed by the High Court. On appeal, this order was set aside on the basis that such procedure amounted to an abuse of the Court's process, that the appellant was obliged to file Form N, as provided under the Land Acquisition Act 1960 [Act 486].

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