Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Early possession

  • 12 Jun 2024

    KAOCHERN CORPORATION SDN. BHD. Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

    Citation
    WA-15-13-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-15-13-04/2022 (Mahkamah Tinggi)

    Court held there was no final ministerial approval for the post-acquisition setback at the hearing date; nonetheless LLM endorsement and high probability of future approval were relevant factors. The court apportioned injurious affection into three heads and awarded diminution percentages of 30% for the setback area and 5% each for loss of visibility and impairment on the remaining area (after excluding setback area), resulting in additional compensation totaling RM3,450,605.60 (RM2,375,989.60 for Lot 54992; RM1,074,616.00 for Lot 54993). Early possession compensation as assessed by rental me…

  • 12 Jun 2024

    KAOCHERN CORPORATION SDN. BHD. Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

    Citation
    WA-15-14-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-15-14-04/2022 (Mahkamah Tinggi)

    LLM endorsement does not substitute for Ministerial approval under Reg 2(3); absence of Minister approval means reduced setback cannot be treated as operative though its likely future grant is a relevant factor in assessing diminution; injurious affection awarded in three distinct heads with quantum set at 30% diminution on the setback area and 5% each for loss of visibility and impairment on the remaining area (after deducting setback area); additional compensation ordered and late payment charges fixed at 5% per annum from date of Form K until payment.