Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Refund of overpaid land tax

Legal area

Court

16 Feb 2024

SHAARI BIN GHANI Pentadbir Tanah Daerah Gombak

Citation

BA-22NCvC-40-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-40-01/2022 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that Defendant breached statutory duties or was negligent in resolving any land overlap; Plaintiff held only a Qualified Title with provisional boundaries so the approved final plan and title for the other lot made those boundaries conclusive; the court therefore dismissed Plaintiff's substantive claims for damages and indemnity but ordered recalculation and refund of any overpaid land tax and directed parties to meet to finalise title documentation and boundary marks within 30 days; costs awarded to Defendant.
16 Feb 2024

SHAARI BIN GHANI Pentadbir Tanah Daerah Gombak

Citation

BA-22NCvC-40-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-40-01/2022 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that an actionable overlap existed or that the defendant breached statutory or administrative duties causing compensable loss; PT2 remained a qualified title pending final survey so boundaries were provisional; therefore most reliefs (including RM517,319.60 claim, general damages, interest and costs) were rejected, but equitable relief limited to recalculation/refund of any overpaid land tax and a court‑ordered meeting to resolve finalization of title and boundaries was appropriate.