Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

National land code s214a

  • 17 Sept 2024

    ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

    Citation
    BA-15-91-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-15-91-11/2021 (Mahkamah Tinggi)

    The court found the scheduled lands form part of an estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA; accordingly valuation must treat the lots as estate land. After considering valuation reports and assessors’ opinions the court set market value at RM60.00 psf for Lots 687–693 (and RM50.00 psm for Lot 15) and disallowed the landowner’s claims for injurious affection, severance and other consequential costs for failure to establish a prima facie case; the Land Administrator’s other awards are otherwise maintained and calculated overpayments are ordered returned or adjusted.

  • 2 Feb 2021

    MAPLE AMALGAMATED SDN BHD & OTHER HKS REALTY SDN BHD

    Citation
    WA-24NCVC-2050-11/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCVC-2050-11/2020 (Mahkamah Tinggi)

    The originating summons was dismissed because the plaintiffs lacked locus standi (no leave obtained under Companies Act s471 for a company in liquidation to commence proceedings) and because prior appellate rulings upheld the validity of the agreements such that the plaintiffs’ challenge was baseless; consequently the intervener lawfully retained the right to effectuate the sale and the plaintiffs’ application constituted an abuse of process.