Malaysia Case Law: Decisions & Judgments

Topic

Severance

Legal area

Court

18 Sept 2025

SIME DARBY PLANTATION BERHAD Pentadbir Tanah Daerah Hilir Perak

Citation

AA-15-10-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-15-10-01/2024 (Mahkamah Tinggi)

The court accepts and adopts the land administrator’s uniform market value of RM396,000 per hectare as reflecting market value on the material date and, based on the unanimous and supported assessors’ findings, awards specified injurious affection sums for each lot; severance awards are affirmed where physical severance and loss of utility established and rejected where residual land remained contiguous; ancillary claims for disturbance and restoration are rejected for lack of evidence.
25 Aug 2025

SPRINGSPHERE SDN. BHD. PENTADBIR TANAH DAERAH JOHOR BAHRU

Citation

JA-15-33-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-15-33-07/2021 (Mahkamah Tinggi)

Court accepted assessors' adjustments to comparable sales and fixed market value for Lot 444 at RM6,135.00 per square metre; granted additional compensation of RM2,141,535.46 comprised of market value uplift for the acquired area and injurious affection to remainder of Lot 444 (5%) and Lot 1188 (10%); severance and incidental development costs were rejected due to lack of evidence and expiry/speculative nature of planning permissions.
15 Jul 2025

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) ONG YE HOOK 2. ) VANUKUPPAL A/L SUPRIMIANAM 3. ) ONG YE SOON 4. ) LEE FOOI YOW 5. ) NALLAPPAN A/L MARAPPAN 6. ) HOO KIK MING 7. ) MUTHUSAMY A/L MARAPPAN 8. ) YAP YOON

Citation

BA-15-49-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-49-01/2024 (Mahkamah Tinggi)

After evaluating comparables and assessor reports the Court increased the market value of the scheduled land to RM785.00 per square metre; upheld PTD's awards for severance (RM255,709.60) and land development costs, allowed compensation for seven residential buildings, reduced and quantified injurious affection to 5% of residual land value (RM1,320,605.50), ordered payment of additional compensation totaling RM1,694,705.50 with interest at 5% p.a. from issuance of Form K until full settlement; dismissed other extra claims and ordered return of filing deposits and payment of assessor fees; no…
3 Jul 2025

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) Kuna Selan A/l Ramasamy [Sebagai Wasi Harta Pusaka Kepada Amirtham A/p Apathurai (No. K/p:- 480611-10-5676)] 2. ) Lim Aik Say 3. ) Vasantha A/p Muthusamy 4. ) Lim Aik

Citation

BA-15-140-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-140-11/2023 (Mahkamah Tinggi)

The court fixed fair market value of the Scheduled Land at RM900.00 per square metre as at valuation date (27 May 2021) and, applying the First Schedule of the LAA and established principles, upheld the Land Administrator's awards in substance. The court adjusted certain heads (severance and injurious affection) and awarded specified additional sums per land reference where justified; it refused compensation for structures and claims that breached title conditions or lacked documentary proof; ancillary costs awarded by PTD were maintained where lawfully claimed and where objecting party could…
6 May 2025

SOUTHERN REALTY (MALAYA) SDN. BHD. Pentadbir Tanah Daerah Hulu Selangor

Citation

BA-15-144-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-144-05/2024 (Mahkamah Tinggi)

The court dismissed the severance/injurious affection claim for Lot 2126 because Lot 2126 was not gazetted/scheduled for acquisition and the LAA limits severance consideration to scheduled land; consequently the Land Administrator's awards were maintained and the assessors' recommendations considered but not determinative.
22 Apr 2025

DATIN SERI TAN BEE GEOK DATO SERI THAI KIM SIM

Citation

WA-23NCvC-31-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-31-04/2022 (Mahkamah Tinggi)

Where a prior order directed multiple suits be heard together but one plaintiff changed solicitors so there was no longer common representation, the change frustrated the purpose of the joint hearing; the court has power to sever to prevent injustice and to secure just, expeditious and economical disposal; accordingly Suit 31 was severed from Suit 22 and ordered to be tried separately while Suit 22 remains heard together with Suit 23; no order as to costs.
22 Apr 2025

LIN WOON FUI DATO SERI THAI KIM SIM

Citation

WA-23NCvC-22-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-22-03/2022 (Mahkamah Tinggi)

Because the plaintiff in Suit 31 changed solicitors such that common legal representation between the plaintiffs no longer existed, the Court concluded the suits were no longer suitable to be heard together and severed Suit 31 from Suit 22 while ordering Suit 22 and Suit 23 to be heard together; no order as to costs.
13 Feb 2025

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) (Tidak Dibenarkan) Ng Tian Yew 2. ) (tidak dibenarkan) PEMBINAAN TUMPUAN CERGAS SDN BHD 3. ) NG TANN NA 4. ) PEMBINAAN TUMPUAN CERGAS SDN. BHD. 5. ) T. CHELVEE TRADING

Citation

BA-15-153-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-153-12/2023 (Mahkamah Tinggi)

The Court held that the Land Administrator's award should be upheld: the market value of the scheduled land at RM830 per square metre was not excessive given the common comparables and adjustments; buildings/structures were excluded from compensation because they contravened the agricultural land use restrictions and inclusion would amount to double counting; severance and land development costs awarded by the Land Administrator were reasonable; therefore the awards and deposits were to be maintained with directions for assessor fees to be paid.
20 Jan 2025

TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-234-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-234-07/2018 (Mahkamah Tinggi)

Court accepted the reasoned valuations of the assessors and comparable adjustments, fixed market value at RM435 per sqm (reflecting assessors' independent, concordant adjustments to common comparable), held severance did not arise because Portion A was included in acquisition, maintained injurious affection at 15% but increased monetary awards proportionately to the higher market value, and retained the Land Administrator's award for development costs absent a prima facie case to displace it.
20 Jan 2025

TEE KIM TIN Pentadbir Tanah dan Daerah PIHAK TERKILAN WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-262-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-262-08/2018 (Mahkamah Tinggi)

The court accepted the comparison valuations of the assessors and fixed market value at RM435 per sqm based on adjustments to a common comparable; WCE's lower valuation was disregarded for lack of explanation; severance did not arise because Portion A was included in the acquisition; injurious affection was maintained at 15% but applied to the increased market value; development costs awarded by the Land Administrator were not set aside because the applicants failed to establish a prima facie case to displace that award; consequential monetary increases were ordered and ancillary orders made.