Malaysia Case Law: Decisions & Judgments

Topic

Comparables

Legal area

Court

12 Dec 2023

TAN TIAN MENG Pentadbir Tanah Daerah Bentong

Citation

CB-15-6-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-15-6-02/2023 (Mahkamah Tinggi)

Court accepted government valuer's comparable (Lot 26108) as the most appropriate proximate comparable; adjusted comparable value around RM1,100,000/ha supported the Land Administrator's award of RM1,200,000/ha; evidence did not support applicant's higher market value or larger injurious affection award; severance effect was established and 20% on the residual 0.7818 ha (RM187,632) and injurious affection RM93,816 were reasonable and therefore the Land Administrator's awards were upheld.
23 May 2023

SRI ALAM SDN BHD Pentadbir Tanah Pejabat Tanah dan Daerah Sepang

Citation

BA-15-68-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-68-10/2020 (Mahkamah Tinggi)

Applicant failed to establish a prima facie case that the Land Administrator's awards were inadequate; common comparables and detailed adjustments supported the Land Administrator's RM130/sqm award and assessors concurred; injurious affection, severance and neighbouring compensation claims were not substantiated by evidence and therefore rejected; award maintained.
28 Jun 2021

Crescent Pillar Sdn Bhd Pentadbir Tanah dan Daerah

Citation

B-01(A)-241-05/2019 (Mahkamah Rayuan)
Court

A
Case number

B-01(A)-241-05/2019 (Mahkamah Rayuan)

The Court held that R1 and R2 were transacted under special circumstances and were unsuitable comparables; the High Court erred in preferring those comparables over the common comparables; applying the principle of equivalence and proper comparables the fair market value of the scheduled land is RM2,152.85 per square metre (RM200.00 per square foot); appeal allowed in part and High Court decision set aside insofar as it upheld the lower valuation.
11 Mar 2021

LOW OOI HOI LAIN-LAIN PENTABDIR TANAH WILAYAH PERSEKUTUAN KL

Citation

WA-15-15-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-15-15-05/2019 (Mahkamah Tinggi)

The Court accepted the assessors' opinions that the Lot 388 sale was an outlier and that the land administrator's valuation and awards for land, buildings and six months' rental were reasonable; accordingly the compensation awarded by the land administrator was upheld and the applicant's challenge dismissed.
5 Mar 2021

SUGUNA A/P PAPACAN PENTADBIR TANAH DAN DAERAH

Citation

BA-15-215-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-215-11/2019 (Mahkamah Tinggi)

Valuation date is 8.11.2018; an unapproved application for lease extension cannot be taken into account under paragraph 1(1D) of the First Schedule; remaining lease of nine years required significant downward adjustment to comparables; using a reliable comparable (Lot 10577 transacted at RM1,084.24 psqm) and adjusting for lease term the court fixed market value at RM690 psqm and increased injurious affection to 80%, thereby increasing the awards accordingly.

Malaysia Case Law

TAN TIAN MENG Pentadbir Tanah Daerah Bentong

SRI ALAM SDN BHD Pentadbir Tanah Pejabat Tanah dan Daerah Sepang

Crescent Pillar Sdn Bhd Pentadbir Tanah dan Daerah

LOW OOI HOI LAIN-LAIN PENTABDIR TANAH WILAYAH PERSEKUTUAN KL

SUGUNA A/P PAPACAN PENTADBIR TANAH DAN DAERAH