[2019] CLJ JT (4)
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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

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

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