10 Sept 2021
1. BALBEER SINGH A/L KARAM SINGH (No. K/P: 560110-10-5037) 2. GEORGE LOIS A/L G. RATNAM SIVASAMBOO (No. K/P: 560305-10-5715) 3. RAMASAMY A/L VEERASAMY (No. K/P: 500704-10-5355) ( Kedua Dan Ketiga Adalah Pembeli Bersama Parcel No. A1D/23/2)
- Citation
- W-03(IM)-7-01/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-03(IM)-7-01/2019 (Mahkamah Rayuan)
The Court of Appeal held that the SAR and High Court erred in refusing to rely on the defendant's valuer; the defendant's valuation (RM450 p.s.f.; RM520,200 per unit) was admissible and functioned as an effective minimum market valuation because it was unrejected expert evidence and in substance an admission under the Evidence Act; judicial estoppel did not bar plaintiffs from relying on that valuation because plaintiffs did not prevail on their alternative valuation and the defendant's evidence remained before the court. Accordingly the appeal was allowed and damages were awarded by subtract…