New rate
can be paid later, rules court
The Star 4/6/2005
PUTRAJAYA: Landowners who fail in their appeal to local governments
to reduce their assessment amounts can proceed with legal action
without first paying the sum if the new rate is not known to them,
the Federal Court ruled.
The point was made by Justice Abdul Hamid Mohamad in his judgment in
the case between the KL Mayor and Kuala Lumpur Golf and Country Club
Bhd (KLGCC).
KLGCC applied to the High Court for the revised amount to be set
aside and substituted with the RM1.3mil KLGCC won in the High Court.
City Hall appealed to the Federal Court to set aside the decision as
the new rate amount had not been paid at the time of filing.
“The interest of justice requires that the time may be extended by
the court so as not to frustrate the right of appeal of the
respondent,” Justice Abdul Hamid said in dismissing City Hall’s
appeal.
