Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Estate land

  • 17 Sept 2024

    ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

    Citation
    BA-15-91-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-15-91-11/2021 (Mahkamah Tinggi)

    The court found the scheduled lands form part of an estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA; accordingly valuation must treat the lots as estate land. After considering valuation reports and assessors’ opinions the court set market value at RM60.00 psf for Lots 687–693 (and RM50.00 psm for Lot 15) and disallowed the landowner’s claims for injurious affection, severance and other consequential costs for failure to establish a prima facie case; the Land Administrator’s other awards are otherwise maintained and calculated overpayments are ordered returned or adjusted.

  • 10 Jan 2022

    SIME DARBY PLANTATION SDN BHD PENTADBIR TANAH DAERAH KUALA SELANGOR

    Citation
    BA-15-19-04/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-15-19-04/2020 (Mahkamah Tinggi)

    Court accepted assessors' and judge's valuation adjustments and fixed market value at RM50.00 per square metre for estate lots (except Lot 714 at RM193.00 psm due to express condition). Consequent additional compensation awarded: RM496,881.35 to The Kuala Selangor Rubber Company Limited and RM1,177,057.00 to Sime Darby Plantation Berhad with late payment charges at 5% per annum from date of Form K until full payment. Claims for severance and injurious affection were dismissed for lack of proof; no additional consequential costs awarded beyond sums already granted by Land Administrator. Each a…