Developer wins appeal to resume Taman Desa condo project
The Court of Appeal has reversed a ruling that halted a condominium development last year, clearing the way for developer Kaisar Maxim Sdn Bhd to resume work.
Justice Wong Kian Kheong said the High Court had erred in law when staying a development order issued by the Datuk Bandar Kuala Lumpur, and accordingly reinstated it.
“The (stay) order is a nullity and must be set aside. The High Court has no power to grant the stay. It is void ab initio (void from the beginning),” the judge said when delivering the Court of Appeal’s unanimous ruling today.
Wong said a written judgment would follow given that the dispute raised an important legal issue.
The three-member panel was chaired by Justice Supang Lian and also included Justice Alwi Abdul Wahab.
Wong said Order 53 Rule 3(5) of the Rules of Court 2012 allows…
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