Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Compensation under s.329 national land code

Legal area

Court

25 Aug 2024

Long Kee Piling Works Sdn Bhd Chang Kian Chiang

Citation

JA-24NCvC-973-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-973-10/2022 (Mahkamah Tinggi)

The court found defendants lacked caveatable interest when lodging private caveats; the sale agreement to Buminuri was properly authorised and therefore valid; losses claimed were reasonably foreseeable consequences of the wrongful caveats and recoverable under s.329 NLC; quantum was assessed and awarded in specified heads totaling RM308,908.74 and ordered to be paid equally by both defendants.
28 Apr 2024

LONG KEE PILING WORKS SDN. BHD. TANG CHEAH WEE

Citation

JA-24NCvC-32-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-32-01/2023 (Mahkamah Tinggi)

Court found both defendants lacked caveatable interest when lodging private caveats and thus acted wrongfully under s.329 National Land Code; sale agreement was valid because board and EGM approvals existed and no evidence showed invalidity; losses caused by the caveats were foreseeable and provable and were quantified as specific items; court awarded RM308,908.74 in damages to the plaintiff, to be borne equally by the two defendants.