BUNGSAR HILL HOLDINGS SDN BHD v. DAMANSARA REALTY BHD
FEDERAL COURT, PUTRAJAYA
RICHARD MALANJUM CJ, ZAHARAH IBRAHIM CJ (MALAYA), DAVID WONG DAK WAH CJ (SABAH & SARAWAK), AZAHAR MOHAMED FCJ, ROHANA YUSUF FCJ
[CIVIL APPEAL NO: 01(f)-13-05-2016(W)]
13 MARCH 2019
[2019] CLJ JT (4)
LAND LAW: Acquisition of land - Compensation - Compensation paid into court
by Land Administrator - Determination of rightful party entitled to compensation
- Whether losing party to bear burden of paying interest on payment into court -
Whether respondent, being unsuccessful in claim for compensation, to pay interest
on all compensation sums - Power to award interest under s. 11 of Civil Law Act
1956 - Whether applicable - Whether only applies to proceedings tried in court for
recovery of debts and not in matters relating to land acquisition - Whether cause
of action pleaded or established to impose liability for interest on respondent - Land
Acquisition Act 1960, ss. 2, 29(2), 29A(5), 32(1), (1B), 38(1) & 48 - Federal
Constitution, art. 13
STATUTORY INTERPRETATION: Land Acquisition Act 1960 - Sections 29A(5), 32(1), (1B) & s. 48 - Acquisition of land - Compensation - Late payment charges imposed for delay in paying compensation - Whether original interest-based payment replaced by late payment charges pursuant to Land Acquisition (Amendment) Act 1997 - Whether excluded any payment of interest by Land Administrator or by any other person
