Malaysia Case Law: Decisions & Judgments

Topic

Assessors' role

Legal area

Court

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.
7 Nov 2023

Boh Plantations Sdn Bhd (GRN 39672) Pentadbir Tanah Kuala Langat

Citation

BA-15-2-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-2-01/2023 (Mahkamah Tinggi)

Applicant failed to prove a prima facie case. The private valuation was rejected for using the incorrect valuation date (24.2.2022) contrary to s4(3) LAA and for treating lots individually rather than as an aggregate estate as required by s214A NLC and First Schedule (2D) LAA; applicant provided insufficient supporting evidence for severance, loss of income and valuation adjustments. Accordingly the Land Administrator's awards, including market value at RM130.00 per sqm, were upheld.
7 Sept 2023

Nabisah Binti Abdul Hamid (PM 6413) Pentadbir Tanah Kuala Langat

Citation

BA-15-229-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-229-09/2022 (Mahkamah Tinggi)

Court held the respondent's market value award was inadequate and, relying on the best comparable (Lot 11745) with appropriate adjustments, increased market value to RM190.00 per square metre under section 2(a) First Schedule LAA; court rejected additional claims for plantation development costs, loss of income, tree values and replacement land costs because those heads were either reflected in the land value or lacked evidential support; court ordered an increased award of RM88,060, interest at 5% p.a. on that sum from Form 'K', return of deposit, and directed payment of assessors' fees by t…
15 Jun 2023

Tan Hock Kien (GRN 56990) Pentadbir Tanah Kuala Langat

Citation

BA-15-99-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-99-06/2022 (Mahkamah Tinggi)

Applicants failed to discharge the burden to show the award was inadequate. The court accepted assessors' views and evidence supporting the respondent's valuation (RM290/sqm) and maintained the respondent's award. Claims for severance, injurious affection and ancillary losses (loss of oil palms, legal costs) were rejected as unsupported or double counting; Jed Tradisi's planning fee award was maintained. Applicants ordered to pay RM500 each to the government and private assessors.
30 May 2023

VITAL CENTURY HOLDING SDN BHD XXXX

Citation

BA-15-219-11/2016 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-219-11/2016 (Mahkamah Tinggi)

The court maintained the Land Administrator's market value award (RM636.00 per sqm; RM3,696,432.00) because the proprietor was bound by the amount claimed at the Land Administrator inquiry per Paragraph 4 First Schedule LAA and the assessors' adjusted comparables supported the award; consequential claims for termination of SPAs, termination of JVA, marketing fees, development costs and agents' fees were set aside for lack of probative evidence, inapplicability of contractual clauses relied upon (no proper written acquisition notice at SPA termination; force majeure/Government acquisition clau…
29 Sept 2022

BLUE VALLEY PLANTATION BHD. 1. ) PENTADBIR TANAH DAERAH CAMERON HIGHLANDS 2. ) PYLON RANGE SDN. BHD.

Citation

C-01(A)-301-05/2021 (Mahkamah Rayuan)
Court

A
Case number

C-01(A)-301-05/2021 (Mahkamah Rayuan)

Appeal dismissed because the Judicial Commissioner correctly treated the land as zoned infrastructure and utilities per the State Director's conclusive s9A(5) return; the appellant failed to produce a prima facie valuation based on appropriate comparables for that zoning; the complaints amounted to factual valuation disputes (quantum) not questions of law and therefore were not proper grounds for appellate intervention under the proviso to s49(1) and s40D(3) LAA.
7 Jun 2022

TELEKOM MALAYSIA BERHAD PENTADBIR TANAH DAN GALIAN WILAYAH PERSEKUTUAN KUALA LUMPUR

Citation

WA-15-42-09/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-15-42-09/2017 (Mahkamah Tinggi)

Court accepted the Applicant's valuer over the Respondent's, fixed market value at RM4,000.00 per square metre as at valuation date 21-7-2015, applied Respondent's ratios for injurious affection where appropriate, and awarded additional compensation of RM5,009,867.88 together with prescribed valuer, surveyor and assessor fees and return of deposit; no order as to costs.
10 Jan 2022

THE KUALA SELANGOR RUBBER COMPANY LIMITED PENTADBIR TANAH DAERAH KUALA SELANGOR

Citation

BA-15-18-04/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-18-04/2020 (Mahkamah Tinggi)

Having considered the valuers' reports, two assessors' opinions and relevant statutory constraints (including estate land controls under s214A NLC), the court fixed market value at RM50.00 per square metre for the majority of acquired lots (RM193.00 psm accepted for the one lot with express condition), awarded additional compensation of RM496,881.35 to the first applicant and RM1,177,057.00 to the second applicant with late payment interest at 5% per annum from date of Form K until full payment, rejected additional claims for severance and injurious affection, upheld consequential costs as aw…
6 Feb 2020

LEMBAGA LEBUHRAYA MALAYSIA 1. PENTADBIR TANAH DAERAH HULU LANGAT 2. SRI SELTRA SDN BHD

Citation

BA-15-158-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-158-06/2018 (Mahkamah Tinggi)

The court found the Land Administrator's valuation of RM1,300 psm excessive given the scheduled land's large size and hilly topography and accepted the assessors' joint view selecting the closest comparable (Lot 43376) with agreed adjustments (date +10%, size -30%, topography -20%) producing a net reduction of 50% to arrive at RM900 psm. Applying RM900 psm to the area taken produced RM155,955,850.20; injurious affection at 5% was affirmed (RM10,409,207.85). The award was reduced accordingly and interest ordered from Form K to full payment.