KUALA LUMPUR: The High Court here has dismissed an application by the Semantan Estate Sdn Bhd (SESB) for a time extension in the preparation of an assessment for compensation over a land dispute with the government.
Justice Roslan Mat Nor made the dismissal after considering the development of the case that has been prolonged since 1956.
He said the court had considered objection by the defendant (the government), on grounds that any delay at the eleventh hour would increase the interest payments despite the delay not being caused by them.
"In the interest of justice to both parties, and considering the prolonged history of the case, the court can no longer adjourn the matter and accordingly dismisses the application to postpone the hearing," Justice Roslan said here on Tuesday (Jan 20).
The court then fixed March 16 for case management. The hearing dates are maintained on April 3, 10 and 30.
Earlier, lawyer Janet Chai Pei Wing, representing Semantan Estat,e submitted that they needed additional time to obtain documents, which would show the access of the roads and infrastructure that would help to determine the factors to be assessed under the Land Acquisition Act 1960.
"The document in question pertain to matters that existed about 70 years ago and are not readily available and we would have to seek the help from government agencies to provide us with those documents.
"What we are asking for is a mechanism, reasonable timeline, bearing in mind that the plaintiff is a private entity without any access or control over the documents," she said adding that this was not an attempt to delay the proceeding.
Senior Federal Counsel Nuur Zul Izzati Zulkipli appeared for the government.
On Nov 13, last year, the Federal Court dismissed SESB's leave application to appeal a Court of Appeal decision, the company's final attempt to overturn the appellate court's ruling that the 106.54-hectare Duta Enclave belongs to the government.
It said the application did not meet the threshold under Sections 96A and 96B of the Courts of Judicature Act 1964.
The Federal Court then ordered the case remitted to the High Court for assessment of compensation to SESB.
It said this follows the direction of the Court of Appeal.
