ISSUE 13/2023 - INTERVENTION IN THE BANGSAR NEIGHBOURHOOD SCHEME CASE ALLOWED

This concerns the Court of Appeal case of RANJAN PARAMALINGAM & ANOR v PERSATUAN PENDUDUK TAMAN BANGSAR & ANOR.

The first and second appellants, as owner and tenant, respectively, had filed a suit against the respondents for allegedly operating an illegally gated and guarded neighbourhood scheme (G&G Scheme) (appellants’ suit) in which their property was located.

The appellants’ application to intervene in the judicial review proceedings (JR proceedings) that the respondent had taken out to compel the Dewan Bandaraya Kuala Lumpur and Datuk Bandar Kuala Lumpur (third parties) to approve the G&G Scheme was dismissed by the High Court. The dismissal was on the basis that they had no legal interest in the said proceedings and were not directly ‘affected persons’.

However, the Court of Appeal set aside the High Court’s decision upon finding a causal connection between the appellants’ lawsuit.

The Court of Appeal found that the JR proceedings could not be surgically separated and that the circumstances were such that the appellants would be directly affected by any outcome favouring the respondent in the JR proceedings.

Further, it found that it was incumbent upon the court to scrutinise the facts carefully and keep in mind that parties directly affected by a judicial review should be allowed to intervene and participate in the same.