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New rate can be paid later, rules court
04/06/2005 The Star

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.
 

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