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Appeal against Signal Hill condo project dismissed
Published on: Friday, May 19, 2017

Kota Kinabalu: The Court of Appeal here affirmed the High Court's decision in relation to the construction of a high-rise condominium at Signal Hill.

Court of Appeal Justices Dato' Abdul Rahman Sebli, Datuk Kamardin Hashim and Datuk Harminder Singh Dhaliwal on Tuesday unanimously dismissed the appeal by Ratna Seri Arif, David Powell and Tan Sri Herman Luping, against the High Court decision, which decided that the applicants were out of time in commencing their judicial review application against the Kota Kinabalu Mayor, Central Town and Country Planning Board and the developer and landowner, Borneo Wealth Sdn Bhd, as a result of which their judicial review application was dismissed.

The Court of Appeal also ordered the appellants to pay costs to the Mayor and Borneo Wealth Sdn Bhd.

According to a statement issued by City Hall's City Planning Department Director Stanley Chong on Thursday, this was the second time that the applicants had commenced judicial review proceedings against the same parties challenging the same planning approval.

In this second application, the applicants who are owners of adjacent properties in Signal Hill had sought, amongst other reliefs, an order to compel the Mayor to revoke the planning approval that had been granted to Borneo Wealth Sdn Bhd to develop a condominium at Signal Hill, said Chong.

The condominium had since been completed and occupation certificate had been issued, he said.

The applicants were represented by Chung Jiun Dau, while the Mayor was represented by Catherine Chau.

Borneo Wealth Sdn Bhd was represented by counsel Norbert Yapp while State Counsel Mohd Ikhwan Ramlan represented the Central Town and Country Planning Board.

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