In a unanimous decision, a three-member bench chaired by Justice Lee Swee Seng said Tan Bun Teet had filed his application promptly in November last year.

Lee said Rules 18(7) and 18(7A) of the Rules of the Court of Appeal 1994, which refer to the filing of a memorandum of appeal, were capable of more than one reading.

Moreover, Lee said, the court had the discretion to grant an extension of time in suitable cases.

“It is a public interest matter and the justice of the case tilts in favour of the appellant,” said Lee, who sat with Justices See Mee Chun and Azizul Azmi Adnan.

The three-member panel also dismissed applications by three respondents – the Kuantan City Council (MBK), Gading Senggara Sdn Bhd and Lynas Malaysia Sdn Bhd – to strike out Tan’s appeal.

Lee said the respondents’ applications were only filed a month after Tan had applied to regularise the records.

Another defendant, the Pahang government’s state planning committee, did not object to Lee’s application.

The bench ordered all parties to bear their own costs.

Jessica Ram Binwani and T Meenakshi Raman represented Tan while assistant state legal advisor Munirah Shamsudin appeared for the state government.

Counsel Natasha Zulkifli represented the city council, B Thangaraj acted for Gading Senggara, and Sunil Abraham appeared for Lynas.

Tan’s appeal is scheduled to be heard by the Court of Appeal on Sept 18 this year.

He is appealing the dismissal by the Kuantan High Court on May 30 last year of his judicial review application on grounds that he did not reside near the project area and, therefore, had no legal standing to bring the action.

Tan filed the lawsuit to challenge MBK’s authorisation for the construction of a permanent disposal facility for its radioactive waste.

He named the Pahang state planning committee, MBK, Gading Senggara, the company constructing the facility, and Lynas as defendants.

He said the construction was illegal as it contravened the provisions of the Town and Country Planning Act 1976.