Malaysia Case Law: Decisions & Judgments

Topic

Development costs

Legal area

Court

20 Jan 2025

TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-234-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-234-07/2018 (Mahkamah Tinggi)

Court accepted the reasoned valuations of the assessors and comparable adjustments, fixed market value at RM435 per sqm (reflecting assessors' independent, concordant adjustments to common comparable), held severance did not arise because Portion A was included in acquisition, maintained injurious affection at 15% but increased monetary awards proportionately to the higher market value, and retained the Land Administrator's award for development costs absent a prima facie case to displace it.
20 Jan 2025

TEE CHIN HENG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-236-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-236-07/2018 (Mahkamah Tinggi)

Court accepted the assessors' adjusted comparable valuation and fixed market value at RM 435 per square metre (derived from common comparable Lot 5135 with adjustments), rejected WCE's low valuation for lack of basis, held severance did not arise because Portion A was included in acquisition, maintained 15% injurious affection but increased the monetary award proportionately to the higher market value, preserved development costs award, and ordered specified additional compensation, interest and fees.
20 Jan 2025

TEE JIN TIONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-283-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-283-08/2018 (Mahkamah Tinggi)

Court accepted the assessors' comparable-based adjustments and fixed market value at RM435 per sqm (based on common comparable Lot 5135 and agreed adjustments), dismissed severance because Portion A was included in acquisition, maintained 15% injurious affection but increased monetary compensation commensurate with higher market value, upheld development costs award (applicant failed to establish prima facie case but award by Land Administrator stands), and ordered specified additional payments, late payment charges and assessors' fees.
20 Jan 2025

TEE KIM BOON Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-269-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-269-08/2018 (Mahkamah Tinggi)

Court accepted the assessors' reasoned valuations and common comparable adjustments and fixed market value at RM435 per sqm based on comparables (Lot 5135), disregarded WCE's undervalued figure, held severance did not arise because Portion A was included in acquisition, maintained 15% injurious affection but applied it to the increased market value, and ordered specified increased compensation and consequential payments.
20 Apr 2023

1. ) ISLAND CIRCLE DEVELOPMENT (M) SDN. BHD. 2. ) Lembaga Lebuhraya Malaysia PENTADBIR TANAH DAERAH KUALA LANGAT

Citation

BA-15-219-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-219-11/2017 (Mahkamah Tinggi)

The court accepted the assessors’ consistent expert valuations and comparable evidence to conclude market value for PT 37900 and PT 37901 should be increased from RM980.00 to RM1,200.00 per sqm and maintained RM400.00 per sqm for PT 37906; it upheld injurious affection at 20% for PT 37900 and PT 37901 and severance at 15% with IA 6% for Part B of PT 37906; it set aside Island Circle’s claims for development costs, consultants’ fees and amendment-of-plans costs for lack of credible evidence and required approvals; consequential recalculations produced an increase to Island Circle’s award of RM…
20 Apr 2023

1. ) ISLAND CIRCLE DEVELOPMENT (M) SDN. BHD. 2. ) Lembaga Lebuhraya Malaysia PENTADBIR TANAH DAERAH KUALA LANGAT

Citation

BA-15-219-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-219-11/2017 (Mahkamah Tinggi)

Court accepted assessors' valuations: increased market value for PT37900 and PT37901 to RM1,200/psm (from RM980/psm), maintained RM400/psm for PT37906; upheld injurious affection at 20% for PT37900 and PT37901 and severance at 15% for PT37906 with IA 6% for Part B; set aside awards for development costs (RM7,307,087.20), consultants' fees (RM674,738.00) and amendment of plans (RM640,750.00) due to lack of credible evidence; applied section 29A withholding rules and ordered late payment charges at 5% where applicable.

Malaysia Case Law

TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

TEE CHIN HENG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

TEE JIN TIONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

TEE KIM BOON Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

1. ) ISLAND CIRCLE DEVELOPMENT (M) SDN. BHD. 2. ) Lembaga Lebuhraya Malaysia PENTADBIR TANAH DAERAH KUALA LANGAT

1. ) ISLAND CIRCLE DEVELOPMENT (M) SDN. BHD. 2. ) Lembaga Lebuhraya Malaysia PENTADBIR TANAH DAERAH KUALA LANGAT