JUDGMENT

Abdul Rahman Sebli JCA:

[1] For the salient facts, we shall rely on those that the learned counsel for the appellants had set out in his written submissions, with the necessary modifications. They are as follows. The appellants are the owners of properties adjacent to the land held under TL017522593 situated at Signal Hill, Kota Kinabalu, Sabah ("the subject land"), which is being developed by the 3rd respondent into a 15-storey condominium. The 3rd respondent is the registered owner of the subject land.

[2] The appellants had earlier filed an application for judicial review in the High Court at Kota Kinabalu amongst others to quash the decision of the 1st respondent giving development and building approvals for the 3rd respondent's high rise residential project. The grounds on which the application was made were that:

(a) the planning approvals were unlawful, null and void on the ground of procedural unfairness;

(b) the planning approvals were unlawful, null and void on the ground that they were unreasonable and irrational; and

(c) the planning approvals were unlawful, null and void on the ground that they are contrary to the legitimate expectation of the appellants.

[3] At the