Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Extension of time (special circumstances)

Legal area

Court

25 Mar 2025

Kumpulan Ladang-Ladang Trengganu Sdn. Bhd. Pentadbir Tanah Kuala Nerus

Citation

T-01(NCvC)(A)-87-02/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

T-01(NCvC)(A)-87-02/2023 (Mahkamah Rayuan)

Where the appellant and their valuer were present at the inquiry, subsection 38(3)(a) mandates that the six-week period to file Form N runs from the date of the Land Administrator's award under s14 (19 June 2022). Form N filed on 18 September 2022 was 50 days late. The appellant failed to establish special circumstances under s38(4) to enlarge time. Therefore the High Court's dismissal of the originating summons was correct and is affirmed.
25 Mar 2025

Kumpulan Ladang-Ladang Trengganu Sdn. Bhd. Pentadbir Tanah Daerah Setiu

Citation

T-01(NCvC)(A)-86-02/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

T-01(NCvC)(A)-86-02/2023 (Mahkamah Rayuan)

Where an interested person was present or represented at the Land Administrator's enquiry, the six-week period to serve Form N runs from the date of the Land Administrator's award (s.14) as set out in s.38(3)(a); the appellant filed Form N out of time and failed to establish special circumstances under s.38(4) to justify enlargement, therefore the High Court's dismissal is affirmed.