Malaysia Case Law: Decisions & Judgments

Topic

Market value assessment

Legal area

Court

30 Apr 2025

CHONG CHEN NAM Pentadbir Tanah Daerah Bentong

Citation

CB-15-17-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-15-17-06/2024 (Mahkamah Tinggi)

Court upheld the Land Administrator's valuation for the land as reasonable; found severance between lot 5615 and lot 5609 proven and awarded 5% severance compensation of RM82,072.60; rejected claim for injurious affection for lack of sufficient evidence; exercise of judicial discretion informed but not bound by assessors' opinions in accordance with statute and precedent.
20 Jan 2025

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)

Court accepted the reasoned valuations of the assessors and comparable adjustments, fixed market value at RM435 per sqm (reflecting assessors' independent, concordant adjustments to common comparable), held severance did not arise because Portion A was included in acquisition, maintained injurious affection at 15% but increased monetary awards proportionately to the higher market value, and retained the Land Administrator's award for development costs absent a prima facie case to displace it.
20 Apr 2023

1. ) ISLAND CIRCLE DEVELOPMENT (M) SDN. BHD. 2. ) Lembaga Lebuhraya Malaysia PENTADBIR TANAH DAERAH KUALA LANGAT

Citation

BA-15-219-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-219-11/2017 (Mahkamah Tinggi)

The court accepted the assessors’ consistent expert valuations and comparable evidence to conclude market value for PT 37900 and PT 37901 should be increased from RM980.00 to RM1,200.00 per sqm and maintained RM400.00 per sqm for PT 37906; it upheld injurious affection at 20% for PT 37900 and PT 37901 and severance at 15% with IA 6% for Part B of PT 37906; it set aside Island Circle’s claims for development costs, consultants’ fees and amendment-of-plans costs for lack of credible evidence and required approvals; consequential recalculations produced an increase to Island Circle’s award of RM…
21 Sept 2020

NORTHERN GREEN VENTURES SDN BHD PENTADBIR TANAH DAERAH HULU LANGAT

Citation

BA-15-154-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-154-07/2019 (Mahkamah Tinggi)

The LA conducted a proper full enquiry and reasonably adopted the Applicant's valuer's market valuation; paragraph 4(a) of the First Schedule prevents the Applicant from obtaining an award in excess of the amount it claimed at the enquiry; the Applicant failed to discharge the burden of proving the LA's award was inadequate; severance and injurious affection were warranted for Plot A and increased to 25% as assessed by the court's assessor, but claims for loss of development potential, bridge costs and consequential losses were dismissed for lack of planning approval, presence of TNB pylons a…
6 Feb 2020

LEMBAGA LEBUHRAYA MALAYSIA 1. PENTADBIR TANAH DAERAH HULU LANGAT 2. SRI SELTRA SDN BHD

Citation

BA-15-158-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-158-06/2018 (Mahkamah Tinggi)

The court found the Land Administrator's valuation of RM1,300 psm excessive given the scheduled land's large size and hilly topography and accepted the assessors' joint view selecting the closest comparable (Lot 43376) with agreed adjustments (date +10%, size -30%, topography -20%) producing a net reduction of 50% to arrive at RM900 psm. Applying RM900 psm to the area taken produced RM155,955,850.20; injurious affection at 5% was affirmed (RM10,409,207.85). The award was reduced accordingly and interest ordered from Form K to full payment.

Malaysia Case Law

CHONG CHEN NAM Pentadbir Tanah Daerah Bentong

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

1. ) ISLAND CIRCLE DEVELOPMENT (M) SDN. BHD. 2. ) Lembaga Lebuhraya Malaysia PENTADBIR TANAH DAERAH KUALA LANGAT

NORTHERN GREEN VENTURES SDN BHD PENTADBIR TANAH DAERAH HULU LANGAT

LEMBAGA LEBUHRAYA MALAYSIA 1. PENTADBIR TANAH DAERAH HULU LANGAT 2. SRI SELTRA SDN BHD