12 Jun 2024
KAOCHERN CORPORATION SDN. BHD. Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur
- Citation
- WA-15-13-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-15-13-04/2022 (Mahkamah Tinggi)
Court held there was no final ministerial approval for the post-acquisition setback at the hearing date; nonetheless LLM endorsement and high probability of future approval were relevant factors. The court apportioned injurious affection into three heads and awarded diminution percentages of 30% for the setback area and 5% each for loss of visibility and impairment on the remaining area (after excluding setback area), resulting in additional compensation totaling RM3,450,605.60 (RM2,375,989.60 for Lot 54992; RM1,074,616.00 for Lot 54993). Early possession compensation as assessed by rental me…