Malaysia Case Law: Decisions & Judgments

Topic

Appealability of compensation awards

Legal area

Court

8 Jan 2026

Menteri Besar Selangor (Pemerbadanan) Pentadbir Tanah Daerah Gombak PENCELAH MALAYSIA RAIL LINK SDN BHD

Citation

BA-15-275-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-275-10/2024 (Mahkamah Tinggi)

Court increased the land value from RM95.00/sqm to RM105.00/sqm and awarded additional compensation of RM90,010.00 (land value) and RM315,459.90 (pecah pisah) with late payment interest at 5% per annum from date of Form K until full settlement. Court dismissed applicants' further claims for additional compensation for injurious affection and incidental costs because applicants failed to prove diminution or disruption to the remainder land to the requisite standard.
6 May 2025

SOUTHERN REALTY (MALAYA) SDN. BHD. Pentadbir Tanah Daerah Hulu Selangor

Citation

BA-15-143-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-143-05/2024 (Mahkamah Tinggi)

Compensation for severance/injurious affection is limited to the scheduled (gazetted) land; because Lot 2126 was not gazetted or acquired it is not compensable under the LAA, the severance claim for Lot 2126 is dismissed and the Land Administrator's awards for the scheduled lots are maintained; assessors' reports were considered and the legal restrictions on appeals apply.
12 Mar 2025

SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD 1. ) ORCHARD CIRLCE SDN BHD 2. ) Pentadbir Tanah Daerah Hulu Langat

Citation

01(f)-3-02/2024(B) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-3-02/2024(B) (Mahkamah Persekutuan)

The Federal Court held the High Court correctly found the proprietor had effectively surrendered the specified area (application and approval under NLC occurred and endorsement delay was due to proprietor not producing title), that the question presented was essentially factual and concerned compensation (non-appealable under the proviso to s.49 LAA), and that the Court of Appeal erred in remitting the matter for reassessment; accordingly the Court of Appeal decision was set aside and the High Court judgment affirmed.
1 Dec 2022

PENTADBIR TANAH DAERAH JOHOR BAHRU TANAH SUTERA DEVELOPMENT SDN BHD

Citation

J-01(A)-324-06/2021 (Mahkamah Rayuan)
Court

A
Case number

J-01(A)-324-06/2021 (Mahkamah Rayuan)

Court held Notice of Appeal was not defective for failing to state questions of law in Form 1 and that questions of law are properly framed in the Memorandum of Appeal; one-day late service of Record of Appeal was excusable and enlargement of time granted; objections under s49(1) proviso and s40D require consideration at substantive hearing where questions of law are raised; alleged non-compliance with s40C raises legal issues to be determined on the merits and is not a ground for striking out at interlocutory stage; omission of Judge's notes was not fatal given grounds of judgment supplied;…

Malaysia Case Law

Menteri Besar Selangor (Pemerbadanan) Pentadbir Tanah Daerah Gombak PENCELAH MALAYSIA RAIL LINK SDN BHD

SOUTHERN REALTY (MALAYA) SDN. BHD. Pentadbir Tanah Daerah Hulu Selangor

SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD 1. ) ORCHARD CIRLCE SDN BHD 2. ) Pentadbir Tanah Daerah Hulu Langat

PENTADBIR TANAH DAERAH JOHOR BAHRU TANAH SUTERA DEVELOPMENT SDN BHD