b-01im-67-02-2023 — Tenaga Nasional Berhad v 1. ) SIME DARBY PLANTATION BERHAD 2. ) Pentadbir Tanah Daerah Klang

Catchwords

Compensation — Land reference — Intervention — Application by Tenaga Nasional Berhad (TNB) as paymaster to intervene in land reference proceedings initiated by landowner — Whether paymaster has legal standing to participate without filing Form N — Whether paymaster is a "person interested" under Section 37 of the Land Acquisition Act 1960 — Right of paymaster to safeguard interests against claims for increased compensation — Impact of Article 13 of the Federal Constitution. Intervention — Order 15 rule 6(2)(b) of the Rules of Court 2012 — Application to be added as a party in land reference proceedings — Whether filing of Form N is the sole procedural mode for participation — Applicability of the Rules of Court where the Land Acquisition Act 1960 is silent — Proper mechanism for an interested party who has accepted the Land Administrator's award to participate in proceedings initiated by another party. Stare decisis — Conflicting decisions of the Federal Court — Whether to follow Tenaga Nasional Bhd v Unggul Tangkas Sdn Bhd [2018] or Spicon Products Sdn Bhd v Tenaga Nasional Berhad [2022] — Principle that the later decision of the apex court prevails over the earlier decision — Duty of the High Court to follow the latest established legal propositions. Land Administrator's award — Nature of land reference proceedings — Whether the Land Administrator "defends" the award — Role of the Land Administrator as a provider of justification rather than a traditional defendant — Right of participation for parties whose financial interests are affected by the reference. "Person interested" — "Paymaster" — "Form N" — "Land reference" — Meaning and application under the Land Acquisition Act 1960.

Practice Areas

Compensation

Judges (3)

Ahmad Fairuz bin Zainol Abidin Coram Azimah binti Omar Coram Azizah binti Haji Nawawi Delivered

Counsel (11)

Penasihat Undang-Undang Negeri Selangor Firm Steven Thiru & Sudhar Partnership Firm Zain & Co. Firm David Ng Yew Kiat Counsel Appellant Etty Eliany Tesno Counsel Respondent Hani Aziza Ismail @ Aziz Counsel Respondent Isabella Cheah Chooi Mun Counsel Respondent Leah Samuel Counsel Appellant Norfariza Binti Ridzuanhani Aziza Counsel Respondent Raneesha Thayalan Counsel Respondent Steven Thiru Counsel Appellant

Parties (3)

Pentadbir Tanah Daerah Klang Respondent SIME DARBY PLANTATION BERHAD Respondent TENAGA NASIONAL BERHAD Appellant

Summary

TNB, as the paymaster for a land acquisition, appealed the High Court's refusal to allow it to intervene in land reference proceedings initiated by Sime Darby Plantation, where the landowner sought substantially increased compensation for land acquired for a 132kV transmission line. The Court of Appeal allowed TNB's appeal, following the Federal Court's decision in Spicon Products which established that Order 15 rule 6(2)(b) of the Rules of Court is the proper mechanism for an interested paymaster to intervene. The Court set aside the High Court's decision and awarded costs of RM20,000 to TNB.

What was the outcome of Tenaga Nasional Berhad v 1. ) SIME DARBY PLANTATION BERHAD 2. ) Pentadbir Tan...?

<p>TNB, as the paymaster for a land acquisition, appealed the High Court's refusal to allow it to intervene in land reference proceedings initiated by...

Statutes Cited

Land Acquisition Act 1960 (Cap 486)

s 3(1)(b)

Rules of Court 2012

Cases Cited (7)

MY (7)

[1998] 1 MLJ 125 [2009] 4 CLJ 57 [2011] 2 MLJ 729 [2018] 4 CLJ 285 [2022] 2 MLJ 721 [2022] 4 CLJ 195 [2024] 4 CLJ 1