Malaysia Case Law: Decisions & Judgments

Topic

Form n requirements

Legal area

Court

13 Jun 2023

Sime Darby Plantation Berhad (dahulunya dikenali sebagai Sime Darby Plantation Sdn. Bhd.) Pentadbir Tanah Kuala Langat

Citation

BA-15-67-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-67-10/2021 (Mahkamah Tinggi)

Leave to introduce additional grounds was refused because the applicant failed to amend Form N which sets the court's terms of reference; the reasons offered (new valuer's advice and omission by prior valuer) did not constitute sufficient reasons to allow the amendment, particularly given the applicant's corporate status and access to legal and valuation advice; consequently the court cannot consider grounds not included in Form N.
19 Jul 2022

Tegas Sejati Sdn Bhd 1. ) Pentadbir Tanah Daerah Hulu Langat 2. ) Lembaga Lebuhraya Malaysia

Citation

B-01(IM)-2-01/2021 (Mahkamah Rayuan)
Court

IM
Case number

B-01(IM)-2-01/2021 (Mahkamah Rayuan)

LLM, as paymaster and corporation undertaking works of public utility, filed Form N in time and is a 'person interested' under s 37(1)/(3) LAA (pre-amendment) and had locus standi to be party to the land reference; the High Court's refusal to strike out and its substantive findings were not plainly wrong; assessors provided written opinions and judge recorded them satisfying s 40C; appellant failed to plead additional heads in Form N so those claims were dismissed as not properly before the Court; cross-appeal succeeded to order refund of excess sum (RM31,162,177.64) with interest.
25 Oct 2021

YUSRI BIN AHMAD PENTADBIR TANAH DAERAH KOTA SETAR

Citation

KA-15-16-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-15-16-07/2020 (Mahkamah Tinggi)

The applicant's claim for building compensation was inadmissible because the applicant did not state specific grounds regarding the buildings in Form N and did not obtain the Court's leave to raise new grounds at the hearing as required by s38(2) of the Land Acquisition Act 1960 and binding authorities; therefore the claim for buildings must be dismissed.

Malaysia Case Law

Sime Darby Plantation Berhad (dahulunya dikenali sebagai Sime Darby Plantation Sdn. Bhd.) Pentadbir Tanah Kuala Langat

Tegas Sejati Sdn Bhd 1. ) Pentadbir Tanah Daerah Hulu Langat 2. ) Lembaga Lebuhraya Malaysia

YUSRI BIN AHMAD PENTADBIR TANAH DAERAH KOTA SETAR