1. ABDUL GHAPOR HUSSIN 2. ABDUL LATIF ABU SAMAH 3. ABDUL RASHEED B. ABD KADER 4. ABDULLAH HJ. KHUSRANI 5. AMRAN ARIFFIN 6. ASLINA BT APLI 7. CHAN KOK TIANG 8. CHANDRA SHARIAN 9. CHEN YEW CHIEW 10. CHO SUET SEN 11. CHONG CHIEW YING 12. CHOW

1. ABDUL GHAPOR HUSSIN 2. ABDUL LATIF ABU SAMAH 3. ABDUL RASHEED B. ABD KADER 4. ABDULLAH HJ. KHUSRANI 5. AMRAN ARIFFIN 6. ASLINA BT APLI 7. CHAN KOK TIANG 8. CHANDRA SHARIAN 9. CHEN YEW CHIEW 10. CHO SUET SEN 11. CHONG CHIEW YING 12. CHOW

The court held that the applicants were entitled to general damages for loss of amenity caused by the unlawful development; evidence from a single representative applicant was admissible where the damage was common and calling all applicants would be repetitive and unnecessary; the applicants' valuer's compensation report was unreliable because it included impacts of other lawful blocks and advanced non-expert opinions, but nuisance and loss of amenity were established and justified an award of general damages of RM20,000 per applicant with interest and costs.

Citation
MT4-13-24-2003 (Mahkamah Tinggi)
Parties
Applicants: Abdul Ghapor Hussin & Ors; 1st Respondent: Majlis Perbandaran Petaling Jaya; 2nd Respondent: Mentari Housing Development Sdn Bhd; Intervener: Mani Malah A/P Muniandy & Ors; Intervener: Kerajaan Negeri Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 September 2020
Case Number
MT4-13-24-2003 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (planning Permission) With Assessment of Damages / Assessment of Damages Following Successful Judicial Review and Final Exhaustion of Appeals (high Court Assessment)
Outcome
Applicants' application for assessment of damages allowed in part; award of general damages for loss of amenity granted to each applicant.
Legal Topics
Nuisance, Loss of Amenity, Damages Assessment, Judicial Review, Planning Permission
Source Language
Malay/English
Administrative Law Tort Property Law Planning Law Nuisance Loss of Amenity Damages Assessment Judicial Review +1 more

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Parties

Abdul Ghapor Hussin & Ors

Applicants

Majlis Perbandaran Petaling Jaya

1st Respondent

Mentari Housing Development Sdn Bhd

2nd Respondent

Mani Malah A/P Muniandy & Ors

Intervener

Kerajaan Negeri Selangor

Intervener

Procedural Posture

Judicial Review (planning Permission) With Assessment of Damages / Assessment of Damages Following Successful Judicial Review and Final Exhaustion of Appeals (high Court Assessment)

Legal Issues

  1. 1 Whether the court could rely on the evidence of a single representative applicant instead of calling all applicants
  2. 2 Whether the representative witness had authority or consent to testify on behalf of the other applicants
  3. 3 Whether the compensation/valuation report prepared by the applicants' valuer was admissible and reliable for assessing diminution and loss of amenity

Ratio Decidendi

The court held that the applicants were entitled to general damages for loss of amenity caused by the unlawful development; evidence from a single representative applicant was admissible where the damage was common and calling all applicants would be repetitive and unnecessary; the applicants' valuer's compensation report was unreliable because it included impacts of other lawful blocks and advanced non-expert opinions, but nuisance and loss of amenity were established and justified an award of general damages of RM20,000 per applicant with interest and costs.

Court Disposition

Applicants' application for assessment of damages allowed in part; award of general damages for loss of amenity granted to each applicant.

Orders

  • Each applicant awarded general damages of RM20,000.00
  • Pre-judgment interest of 8% per annum from date of cause of action (15.3.2003) until 3.9.2020 pursuant to section 11 Civil Law Act 1956