Low Hop Bing JCA (delivering majority judgement):

APPEAL

On 16 July 2008, by a majority decision (Nihrumala Segara a/l MK Pillay JCA, dissenting) we allowed the appeal by the appellant Sistem Penyuraian Trafik KL Barat Sdn Bhd (‘SPRINT’) against the decision of the learned High Court judge who had dismissed the appellant’s application for leave to intervene in a land reference in which the first respondent, Kenny Heights Development Sdn Bhd (‘Kenny Heights’), had objected to the quantum of compensation awarded by the second respondent, the land administrator of the Federal Territory (‘the land administrator’) for compulsory acquisition of Kenny Heights’ lands.

Having granted SPRINT leave to intervene, I now give my grounds.

FACTUAL BACKGROUND

Kenny Heights’ lands were acquired on 17 February 2000 by the land administrator for the purpose of building the public highway known as SPRINT Highway (‘the Highway’).

SPRINT’s affidavit in support refers to and annexes the relevant portions of the privatisation agreement entered into on 23 October 1997 between SPRINT and the Federal Government (‘the privatisation agreement’) appointing SPRINT as the concessionaire of the highway.

Pursuant to the pr