PERBADANAN PENGURUSAN PUTRAWALK PELANGI HOMES SDN BHD

PERBADANAN PENGURUSAN PUTRAWALK PELANGI HOMES SDN BHD

On the balance of probabilities the court found the Plaintiff (Management Corporation) was the proprietor of the common property that was affected by the acquisition and the documentary record (Borang K entries, JKPTG letter, valuation report) shows the RM500,000 award was for land improvement (drain, fencing, arch) belonging to common property; accordingly the Defendant must return RM500,000 to the Plaintiff with interest and costs; the market value component (RM1,899,000) claim by Plaintiff was dismissed.

Citation
BA-22NCvC-8-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Perbadanan Pengurusan Putrawalk; Defendant/respondent: Pelangi Homes Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 August 2023
Case Number
BA-22NCvC-8-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil – Compensation Dispute Arising From Compulsory Land Acquisition / Post‑trial High Court Judgment; Appeal Filed to Court of Appeal (partial Appeals by Both Parties)
Outcome
Partial judgment for Plaintiff: RM500,000 awarded for land improvement; remainder of compensation (market value RM1,899,000) not awarded to Plaintiff
Legal Topics
Compensation for Land Acquisition, Ownership of Common Property, Duty to Notify Land Administrator, Burden of Proof, Apportionment of Compensation, Interest and Costs
Source Language
Malay/English
Land Law Strata Law Compulsory Acquisition Restitution/unjust Enrichment Civil Procedure Compensation for Land Acquisition Ownership of Common Property Duty to Notify Land Administrator +3 more

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Parties

Perbadanan Pengurusan Putrawalk

Plaintiff/appellant

Pelangi Homes Sdn Bhd

Defendant/respondent

Procedural Posture

Civil – Compensation Dispute Arising From Compulsory Land Acquisition / Post‑trial High Court Judgment; Appeal Filed to Court of Appeal (partial Appeals by Both Parties)

Legal Issues

  1. 1 Whether the Management Corporation (Plaintiff) existed and held common property at the relevant time
  2. 2 Whether Defendant had an obligation to notify the Land Administrator of the Plaintiff's existence or interests
  3. 3 Whether Defendant acted mala fide or fraudulently by withholding information and retaining compensation

Ratio Decidendi

On the balance of probabilities the court found the Plaintiff (Management Corporation) was the proprietor of the common property that was affected by the acquisition and the documentary record (Borang K entries, JKPTG letter, valuation report) shows the RM500,000 award was for land improvement (drain, fencing, arch) belonging to common property; accordingly the Defendant must return RM500,000 to the Plaintiff with interest and costs; the market value component (RM1,899,000) claim by Plaintiff was dismissed.

Court Disposition

Partial judgment for Plaintiff: RM500,000 awarded for land improvement; remainder of compensation (market value RM1,899,000) not awarded to Plaintiff

Orders

  • Defendant to pay RM500000 to Plaintiff
  • Interest at 5.0 per cent per annum on RM500000 from date of this decision until full settlement