Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Estate land valuation

  • 17 Sept 2024

    ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

    Citation
    BA-15-89-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-15-89-11/2021 (Mahkamah Tinggi)

    The court held the scheduled lands form part of a contiguous agricultural estate and must be valued as estate land under para 1(2D) First Schedule LAA read with s.214A NLC; applicant failed to establish prima facie entitlement to injurious affection and severance in most claims so those claims were dismissed; the Land Administrator's awards were adjusted for estate valuation resulting in revised market values (RM60.00/sqm for Lots 687–693 and RM50.00/sqm for Lot 15) and specified overpaid amounts, with all other awards maintained and assessor fees ordered paid.

  • 17 Sept 2024

    ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

    Citation
    BA-15-90-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-15-90-11/2021 (Mahkamah Tinggi)

    The court held that the scheduled lands qualify as estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA; therefore comparisons and valuation must adopt an estate valuation approach. The Landowner failed to establish a prima facie case for severance and injurious affection because their valuer did not properly support those claims in the valuation report. Consequently the court adjusted market values downward (RM60.00/sqm for the consolidated lots in BA-15-88 to BA-15-95 and RM50.00/sqm for BA-15-261) and maintained other aspects of the Land Administrator's awards, returning dep…