Malaysia Case Law: Decisions & Judgments

Topic

Land acquisition compensation

Legal area

Court

28 Apr 2025

KL CITY GATEWAY SDN. BHD. (Dikenali sebelum ini sebagaRITZY GLOSS SDN BHD 1. ) Md Shafie Bin Dikir 2. ) Rohani Binti Dikir 3. ) Ghazali Bin Dikir 4. ) Sharil Bin Dikir 5. ) Muhamad Iskandar Bin Dikir 6. ) Kl City Gateway Sdn. Bhd. (Dikenali

Citation

WA-24NCvC-2539-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2539-07/2024 (Mahkamah Tinggi)

No special circumstances existed to warrant a long or indefinite stay; however, the court exercised inherent jurisdiction and Order 45 r 11 to grant a short fixed stay of one month (until 28 May 2025) to allow respondents time to seek appellate relief and to address practical impediments to vacating (zinc barrier), while leaving the substantive eviction order intact.
13 Nov 2024

TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

Citation

BA-15-234-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-234-07/2018 (Mahkamah Tinggi)

S.38(5) is directory rather than mandatory because s.38(6) expressly permits extension; non‑compliance by the Land Administrator does not oust the court's jurisdiction; the court may grant an extension to regularise late filing of Form O where delay is minor and causes no prejudice; accordingly WCE's strike‑out application is dismissed and the Applicant's extension application is allowed.
31 May 2023

1. ) JW PROPERTIES SDN BHD 2. ) EVERGROWTH AQUACULTURE SDN BHD 1. ) PENTADBIR TANAH DAERAH KUALA SELANGOR 2. ) Kerajaan Negeri Selangor

Citation

BA-21NCvC-57-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-57-10/2019 (Mahkamah Tinggi)

The disputed document of 10.10.2017 and the EPU letter do not constitute a valid award under section 14 LAA because the award did not arise from the statutory enquiry procedure (ss.10 and 12), Forms G and H were not issued and the award was not finalised; therefore Plaintiffs are not entitled to the RM 56,992,100.30 claimed nor to s32 charges or damages; claim dismissed and costs awarded to Defendants.
19 Oct 2022

Compugates Development and Mining Sdn Bhd Main Uptown Sdn. Bhd

Citation

BA-24NCvC-1150-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-1150-07/2022 (Mahkamah Tinggi)

Because the High Court had validly terminated the joint venture agreement and the stay application was dismissed, the defendant no longer possessed any present registrable (caveatable) interest under s323 NLC; therefore the private caveat registered 20.4.2022 was invalid and must be cancelled and removed.
19 Jul 2022

Tegas Sejati Sdn Bhd 1. ) Pentadbir Tanah Daerah Hulu Langat 2. ) Lembaga Lebuhraya Malaysia

Citation

B-01(IM)-2-01/2021 (Mahkamah Rayuan)
Court

IM
Case number

B-01(IM)-2-01/2021 (Mahkamah Rayuan)

LLM, as paymaster and corporation undertaking works of public utility, filed Form N in time and is a 'person interested' under s 37(1)/(3) LAA (pre-amendment) and had locus standi to be party to the land reference; the High Court's refusal to strike out and its substantive findings were not plainly wrong; assessors provided written opinions and judge recorded them satisfying s 40C; appellant failed to plead additional heads in Form N so those claims were dismissed as not properly before the Court; cross-appeal succeeded to order refund of excess sum (RM31,162,177.64) with interest.
27 Jan 2022

PERBADANAN BEKALAN AIR PULAU PINANG SDN. BHD. 1. ) PENTADBIR TANAH DAERAH SEBERANG PERAI TENGAH 2. ) Peace Centre Sdn Bhd

Citation

PA-15-35-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-15-35-07/2018 (Mahkamah Tinggi)

The amended Form N contravened the express terms of the court's prior order by reintroducing struck-out paragraphs and adding matters beyond the permitted additional grounds; further, the applicant could not seek a compensation award exceeding the sum claimed at the s.12 inquiry under section 4 of the First Schedule. Therefore the application by respondent 2 to set aside the amended Form N succeeds and the applicant's related application is dismissed.
28 Jul 2021

LUA CHONG HOCK [NO K/P: 741204-01-6003] 1. LUA BROTHERS ENGINEERING SDN BHD [NO. SYARIKAT: 200801036288 / 837627-W] 2. LAU CHONG HUAT [NO K/P: 660519-01-5481] 3. LUA CHONG KUANG [NO K/P: 691119-01-6129] 4. LUA CHONG THING [NO K/P: 730909-01

Citation

JA-24NCC-1-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCC-1-01/2020 (Mahkamah Tinggi)

The court granted that statutory notice was given but found the substantive allegations lacked merit: documentary title showed the land belonged to the Second Respondent and compensation was not payable to the company, and the challenged expenditures were reflected in audited accounts and approved at AGMs. Consequently the applicant failed to establish good faith and that the derivative action was prima facie in the company's best interests; the originating summons was therefore frivolous and was dismissed with costs.
27 Mar 2019

1. PENTADBIR-PENTADBIR HARTA PUSAKA IMRAN HADZALIE BIN ABDUL HAMID 2. AHMAD AIDY BIN TALIB NAZARUDDIN BIN MOHD SHARIFF @ MASARI & 6 LAGI

Citation

B-02(NCVC)(W)-24-01/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

B-02(NCVC)(W)-24-01/2018 (Mahkamah Rayuan)

Appeal allowed because plaintiffs failed to prove fraud or conspiracy against appellants and could not invoke s.29 to postpone limitation given the 2nd plaintiff's knowledge of the 1995 transactions; plaintiffs also failed to prove locus standi as relationship evidence was deficient; accordingly both suits were time barred and appellants' counterclaim succeeded.