The company’s lawyer, Janet Chai, said the application to suspend the hearing was filed at the High Court on Monday, and a copy was served on the Attorney-General’s Chambers, which represents the government.
“We are seeking a stay of proceedings until the Court of Appeal decides on our discovery application, so that we can prepare an assessment report on the compensation payable by the government,” she said.
However, FMT understands that the AGC will oppose the application, as the Court of Appeal ruled last year that the compensation is inclusive of 6% interest running from 1956 until the judgment sum is fully settled.
The High Court has yet to fix a hearing date.
On April 1, Justice Roslan Mat Nor dismissed Semantan’s application for discovery.
Semantan had sought discovery of several documents, including revenue survey sheets, land survey and yield records, land acquisition plans, and documents related to land use zoning between 1956 and 1960.
It identified four government-related agencies believed to hold the documents needed to assist the court in assessing compensation payable by the government over the disputed land, known as the Duta Enclave.
In his decision, Roslan said the documents sought were not in the possession, custody or control of the government, after reviewing affidavits in reply filed by the agencies.
He said discovery under Order 24 of the Rules of Court 2012 applies only to documents within a party’s possession or control, and cannot be used to obtain documents that do not exist or are not in that party’s custody.
Roslan fixed Aug 14 and 21, and Sept 1 for the compensation proceedings.
Semantan’s legal battle began in 2003 when it sued the government, claiming that its 106ha parcel of land in the city had been unlawfully acquired in 1956.
The disputed land now houses several government buildings, including the National Hockey Stadium, the National Archives, the Kuala Lumpur shariah court, the Inland Revenue Board, and the Malaysian Anti-Corruption Commission Academy.
In 2009, the High Court ruled in Semantan’s favour, but subsequent appellate decisions held that the company was not entitled to the land title.
On June 24, 2025, the Court of Appeal ruled that Semantan was entitled to adequate compensation instead, to be assessed based on the land’s value in 1956 when the government took possession of it, and ordered an assessment of mesne profits.
On Nov 13 last year, the Federal Court dismissed Semantan’s application for leave to appeal, leaving the Court of Appeal’s decision in force and paving the way for the assessment proceedings now before the High Court.