Malaysia Case Law: Decisions & Judgments

Topic

Role of assessors

Legal area

Court

30 Apr 2025

CHONG CHEN NAM Pentadbir Tanah Daerah Bentong

Citation

CB-15-17-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-15-17-06/2024 (Mahkamah Tinggi)

Court upheld the Land Administrator's valuation for the land as reasonable; found severance between lot 5615 and lot 5609 proven and awarded 5% severance compensation of RM82,072.60; rejected claim for injurious affection for lack of sufficient evidence; exercise of judicial discretion informed but not bound by assessors' opinions in accordance with statute and precedent.
22 Apr 2025

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) HIAP GUAN CHAN TIMBER HARDWARE MERCHANT 2. ) Tee Kim Chan 3. ) Kee Heok Kang 4. ) Law Kooi Keong

Citation

BA-15-141-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-141-11/2023 (Mahkamah Tinggi)

The High Court upheld the Land Administrator's awards. It found the PTD's market value of RM900 per square metre was supported by the best common comparables and proper adjustments; severance and injurious affection awards of 10% each were justified on the facts (remainder shape, access reduction and bridge obstruction); claims for relocation, temporary rental, loss of income and many building claims were disallowed where structures breached land category/permissions or lacked evidential support. Deposit return and assessor fees were ordered.
19 Sept 2024

REAL PROSPECT DEVELOPMENT SDN BHD Pentadbir Tanah Daerah Hulu Langat

Citation

BA-15-22-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-22-01/2024 (Mahkamah Tinggi)

Applicant failed to establish a prima facie case that the Land Administrator's award was inadequate; the award was supported by recent and reliable comparables and assessor opinions; the claim to take the residual parcel was unjustified given the facts and areas involved; injurious affection claim was unsupported by evidence; therefore the Land Administrator's award is upheld.
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…
13 Aug 2024

BUKIT CAGAK DEVELOPMENT SDN BHD Pentadbir Tanah Daerah Klang

Citation

BA-15-112-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-112-11/2023 (Mahkamah Tinggi)

Applicant established inadequacy of the original award through appropriate adjusted comparables for residential use; the court, assisted by two assessors, rejected applicant’s commercial comparables, accepted adjusted residential comparables and fixed market value at RM350.00 per square metre, increasing compensation by RM424,322.30 and ordering interest and assessor fees accordingly.
6 Feb 2024

SIME DARBY PLANTATION BERHAD Pentadbir Tanah Daerah Klang

Citation

BA-15-41-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-41-03/2022 (Mahkamah Tinggi)

Court rejected several comparables due to lack of evidence and non‑similarity, accepted two nearest comparables (Lot 91 and Lot 93) with assessors' assistance, fixed market value at RM140.00 per sqm, increased compensation by RM528,820.00, and dismissed applicant's claim for injurious affection for lack of proof.
23 May 2023

Sri Alam Sdn Bhd (dalam penggulungan) Pentadbir Tanah Daerah Sepang

Citation

BA-15-97-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-97-06/2022 (Mahkamah Tinggi)

The Court maintained the Land Administrator's award because the applicant failed to discharge the burden of proving the award inadequate: the assessors (government and private) after analysis endorsed the Land Administrator's valuation adjustments and award of RM130/sqm; there was no admissible evidence of marriage value or approved development to justify the applicant's higher valuation; the injurious affection/severance and neighbouring‑land compensation claims lacked sufficient factual basis and were therefore rejected.
23 May 2023

SRI ALAM SDN BHD Pentadbir Tanah Pejabat Tanah dan Daerah Sepang

Citation

BA-15-72-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-72-10/2020 (Mahkamah Tinggi)

Applicant failed to establish a prima facie case that the Land Administrator's award was inadequate; the court, after considering the assessors' reports and valuation adjustments, found the RM130/sq.m award and limited injurious affection awards reasonable and therefore maintained the Land Administrator's award.
13 Apr 2023

Lembaga Lebuhraya Malaysia PENTADBIR TANAH DAERAH KLANG PENCELAH SIN HEE YANG PROPERTY MANAGEMENT SDN BHD

Citation

BA-15-86-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-86-12/2020 (Mahkamah Tinggi)

Applying the First Schedule and relevant authorities and having considered assessors' opinions and comparable transactions the court maintained the land value at RM1,500.00 per sqm; disallowed relocation/search costs (RM21,680) for lack of evidence of a relocatable business; reduced planning permission costs from RM641,822 to RM28,000 (allowing resubmission and reasonable professional fee) and ordered return of the balance RM613,822; disallowed loss of profit/business disturbance (RM4,987,840) because the scheduled land was undeveloped and no business existed; disallowed interest on loan (RM1…