Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof (prima facie)

Legal area

Court

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.
13 Dec 2021

WENZHUAN SDN BHD JABATAN KETUA PENGARAH TANAH DAN GALIAN (PERSEKUTUAN) NEGERI KELANTAN

Citation

DA-15-36-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-15-36-11/2019 (Mahkamah Tinggi)

Applicant met the prima facie evidential burden by adducing a recent primary comparable which, after fair adjustments for lack of infrastructure, chattels and development potential, established that the original award was inadequate; respondent's comparables were too remote in time and the applicant failed to prove speculative future development, leading the court to set market value at RM140,000 per hectare, award total compensation RM538,188.00, order additional compensation RM115,326.00 with 5% p.a. interest and return of deposit subject to valuer fees.