Malaysia legislation

Section 24

of Land Acquisition Ordinance Cap 69 Vol I

Section 24

(1)

The authorised officer shall pay to the claimant the reasonable costs incurred by him in or about the preparation and submission of his claim, unless the Judge considers that the claimant has failed to put forward a proper claim within a reasonable time after the service of the notice under section 7 or that the claim put forward is grossly excessive or that he has been a party to some deceit or fraud in respect of his claim.

(2)

Subject to the provisions of subsection (1), where an unconditional offer in writing of any amount as compensation has been made to any claimant by or on behalf of the authorised officer and the sum awarded as compensation does not exceed the amount offered, the Judge shall, unless for special reasons he thinks it proper not to do so, order the

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claimant to bear his own costs and to pay the costs of the authorised officer so far as the costs of the authorised officer were incurred after the offer was made; and, where the claimant has failed to put forward a proper claim in sufficient time to enable the authorised officer to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer had been made by or on behalf of the authorised officer at the time when, in the opinion of the Judge, a proper claim should have been put forward and the claimant had been awarded a sum not exceeding the amount of such offer.

(3)

Subject to the provisions of subsection (1), where a claimant has made an unconditional offer in writing to accept any amount as compensation and has put forward a proper claim in sufficient time to enable the authorised officer to make a proper offer, and the sum awarded is equal to or exceeds that amount, the Judge shall, unless for special reasons he thinks it proper not to do so, order the authorised officer to bear his own costs and to pay the costs of the claimant so far as the cost of the claimant were incurred after the offer was made.

(4)

Subject to the preceding provisions of this section, the costs shall be in the discretion of the Judge who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and he may in any case direct such costs to be taxed by the

Registrar of the High Court.

(5)

The mode of enforcing any order as to costs shall be in the manner prescribed by the practice of the High Court.

(6)

Where the Judge orders the claimant to pay the costs or any part of the costs of the authorised officer, the authorised officer may deduct the amount so payable by the claimant from the amount of any compensation which may be payable to him.

MISCELLANEOUS

Service of notices, etc..

Section 24 — Land Acquisition Ordinance Cap 69 Vol I