Street, Drainage and Building Act 1974 · s 92

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92.
Provision as to appeal against order
(1)  Where a person appeals to the High Court against a mandatory order, no liability to a fine shall arise nor, save as in this section mentioned, shall any proceedings be taken or work done under such order until after the determination or abandonment of such appeal.

Penalty where appeal fails
(2)  Where a mandatory order is made and a person does not comply with it and appeals against it to the High Court and such appeal is dismissed or is abandoned, the appellant shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit a day during the non-compliance with the order, unless he satisfies the court before

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which proceedings are taken for imposing a fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay and, where the appeal is heard by the
High Court, the court may, on dismissing the appeal, impose the fine as if the court were the court before which the summons was returnable.

Proceedings pending appeal
(3)  Where a mandatory order is made on any person and appealed against and the court which made the order is of opinion that the non-execution of the mandatory order will be injurious or dangerous to public health or safety and that the immediate execution thereof will not cause any injury which cannot be compensated by damages, such court may authorize the local authority immediately to execute the work.
(4)  The local authority, if it does so and the appeal is successful, shall pay the cost of such execution there and the damages, if any, sustained by the said person by reason of such execution thereof, but, if the appeal is dismissed or abandoned, the local authority may recover the cost of such execution thereof from the said person.

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s 92Provision as to appeal against order

(1)

Where a person appeals to the High Court against a mandatory order, no liability to a fine shall arise nor, save as in this section mentioned, shall any proceedings be taken or work done under such order until after the determination or abandonment of such appeal.

Penalty where appeal fails

(2)

Where a mandatory order is made and a person does not comply with it and appeals against it to the High Court and such appeal is dismissed or is abandoned, the appellant shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit a day during the non-compliance with the order, unless he satisfies the court before

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which proceedings are taken for imposing a fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay and, where the appeal is heard by the

High Court, the court may, on dismissing the appeal, impose the fine as if the court were the court before which the summons was returnable.

Proceedings pending appeal

(3)

Where a mandatory order is made on any person and appealed against and the court which made the order is of opinion that the non-execution of the mandatory order will be injurious or dangerous to public health or safety and that the immediate execution thereof will not cause any injury which cannot be compensated by damages, such court may authorize the local authority immediately to execute the work.

(4)

The local authority, if it does so and the appeal is successful, shall pay the cost of such execution there and the damages, if any, sustained by the said person by reason of such execution thereof, but, if the appeal is dismissed or abandoned, the local authority may recover the cost of such execution thereof from the said person.