Malaysia Case Law: Decisions & Judgments

Topic

Market valuation

Legal area

Court

6 May 2025

SOUTHERN REALTY (MALAYA) SDN. BHD. Pentadbir Tanah Daerah Hulu Selangor

Citation

BA-15-144-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-144-05/2024 (Mahkamah Tinggi)

The court dismissed the severance/injurious affection claim for Lot 2126 because Lot 2126 was not gazetted/scheduled for acquisition and the LAA limits severance consideration to scheduled land; consequently the Land Administrator's awards were maintained and the assessors' recommendations considered but not determinative.
20 Mar 2025

ALIYA NABILA BINTI AYUB Pentadbir Tanah Daerah Kuala Selangor

Citation

BA-15-59-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-59-01/2024 (Mahkamah Tinggi)

Court accepted that valuation must be based on local comparables per Schedule First of LAA 1960, found applicant's non‑local comparables unreliable, but on reassessment (with assistance of two assessors) adjusted market value to RM600.00 per m2 and increased the award by RM5,466.00 because the award as assessed by the court (and assessors) was higher than the Land Administrator's award; other ancillary claims were denied.
26 Sept 2023

1. ) LOW TWAN KIN 2. ) LAU KOK LOON @ LAU SAY SIOK 3. ) LOW TOON THYE 1. ) Pentadbir Tanah Daerah Gombak 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 3. ) PENGARAH TANAH DAN GALIAN SELANGOR 4. ) Perbadanan Kemajuan Negeri Selangor (PKNS) 5. ) Lo

Citation

BA-21NCvC-13-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-13-01/2022 (Mahkamah Tinggi)

Where parties agreed assessment under Order 37 would be by affidavit evidence and valuation reports, the court evaluated competing valuation reports and facts on site and planning zoning; finding the land in reality zoned and used as urban/residential and that the private valuer's comparables and adjustments were more persuasive, the court accepted the private valuer's rate of RM257.00 per sq ft as the proper market value basis for 2022 and allowed the plaintiffs' assessment order; objections under Order 40A and authorities on land classification were distinguished on the facts.
15 Jun 2023

Tan Hock Kien (GRN 56990) Pentadbir Tanah Kuala Langat

Citation

BA-15-99-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-99-06/2022 (Mahkamah Tinggi)

Applicants failed to discharge the burden to show the award was inadequate. The court accepted assessors' views and evidence supporting the respondent's valuation (RM290/sqm) and maintained the respondent's award. Claims for severance, injurious affection and ancillary losses (loss of oil palms, legal costs) were rejected as unsupported or double counting; Jed Tradisi's planning fee award was maintained. Applicants ordered to pay RM500 each to the government and private assessors.
11 Mar 2021

Teh Bee Lim Pentadbir Tanah dan Daerah Klang

Citation

BA-15-62-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-62-02/2019 (Mahkamah Tinggi)

Court accepted RM240 per m2 as the market rate producing RM1,000,000 for the 4,047m2 taken; awarded 20% injurious affection to the remainder producing RM75,600; upheld three incidental cost items totaling RM298,407.91 but rejected the claimed new-site cost for lack of evidence; allowed valuer fee RM1,700 and assessors' allowances RM500 each; therefore increased the Pentadbir Tanah award so the correct award for the taking is RM1,373,407.91 and ordered respondent to pay the additional RM56,473.58 and other fees and costs; the RM75,600 injurious affection award is to be credited against any fut…
30 Apr 2020

ZCM Minerals Sdn Bhd 1. Tan Kok Hwa 2. Tajco Industries Sdn Bhd 3. Peak More International Pte Ltd

Citation

JA-12BNCVC-5-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCVC-5-04/2019 (Mahkamah Tinggi)

Appeal dismissed because ZCM failed to prove the essential agreement between the three defendants or that the missing ore belonged to ZCM: the transport/weighing records and Tajco list were insufficient and uncorroborated, the stockpile/production sheet was not produced, brokers handled negotiations so Tajco/Peakmore lacked knowledge of Tan, payments to Tan had a credible commercial explanation, and the 1st defendant’s guilty plea did not establish a conspiracy by the others.

Malaysia Case Law

SOUTHERN REALTY (MALAYA) SDN. BHD. Pentadbir Tanah Daerah Hulu Selangor

ALIYA NABILA BINTI AYUB Pentadbir Tanah Daerah Kuala Selangor

1. ) LOW TWAN KIN 2. ) LAU KOK LOON @ LAU SAY SIOK 3. ) LOW TOON THYE 1. ) Pentadbir Tanah Daerah Gombak 2. ) PENDAFTAR HAKMILIK NEGERI SELANGOR 3. ) PENGARAH TANAH DAN GALIAN SELANGOR 4. ) Perbadanan Kemajuan Negeri Selangor (PKNS) 5. ) Lo

Tan Hock Kien (GRN 56990) Pentadbir Tanah Kuala Langat

Teh Bee Lim Pentadbir Tanah dan Daerah Klang

ZCM Minerals Sdn Bhd 1. Tan Kok Hwa 2. Tajco Industries Sdn Bhd 3. Peak More International Pte Ltd