malaysia - Real Estate - Judgments & Rulings

Teo Sui Chin and 3 Others v Lim Siok Luan

Real estate – Easement – Registered easement – Right to statutory registered easement – Whether a right to a statutory registered easement could be lost by effluxion of time when the registered easement itself contains no time stipulation for its existence – Whether there could be a partial release or abandonment of ...

Date: 16 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 224; Source: Federal Court Registry

Brightvite Sdn Bhd v Pantai Towers Management Corporation and Another Appeal

Real estate – Management fees – Claim by a management corporation of a condominium for management fees against purchasers of condominium units, who purchased those units from a previous owner – Portion of the debt claimed included management fees incurred during the time of the previous owner

Real estate – Managem ...

Date: 11 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 197; Source: Federal Court Registry

Douglas Ding Jangan and 4 Others v Government of Sarawak and 5 Others

Real estate – Native customary rights – Whether the pre-existence of rights under native laws and customs include rights to land in the virgin/ primary forests which were not felled or cultivated but reserved for food and forest produce by natives – Federal Court ruling in TR Sandah Tabau case

Real estate – N ...

Date: 23 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 166; Source: Federal Court Registry

Sivadevi A/P Sivalingam v CIMB Bank Berhad

Real estate – Order for sale by court under section 256 of the National Land Code 1965 – Whether section 256 of the National Land Code 1965 substantive or procedural law

Litigation & court procedure – Order for sale – Order 83 of the Rules of Court 2012 – Foreclosure proceedings – Whether the forec ...

Date: 17 April 2018; Court: Court of Appeal; Citation: [2018] MYCA 156; Source: Federal Court Registry

Public Islamic Bank Berhad v Basirun Bin D Pelair

Date: 23 February 2018; Court: High Court of Sabah & Sarawak; Citation: Case No. TWU-24-61/10-2017; Source: High Court of Sabah and Sarawak

Qui Su Lam and 2 Others v Superintendent of Land and Surveys Betong Division

Real estate – Compulsory acquisition of land – Compensation for a building on the acquired land – Whether compensation payable under section 60 of the Land Code of Sarawak

Construction & engineering – Whether the building an illegal structure – Whether the building compliant with the provisions of the Bu ...

Date: 22 March 2018; Court: Court of Appeal; Citation: [2018] MYCA 135; Source: Federal Court Registry

Ang Game Hong and Another v Tee Kim Tiam and 2 Others

Litigation & court procedure – Whether the judgment in default and the consent judgment can be set aside by a court of concurrent jurisdiction – Whether the principle of res judicata apply

Real estate – Title to land – Circumstances under which an indefeasible title can be defeated – Whether the plaintif ...

Date: 18 April 2018; Court: Court of Appeal; Citation: [2018] MYCA 127; Source: Federal Court Registry

Gundah Anak Unya and Another v Dais Anak Sang

Date: 12 January 2018; Court: High Court of Sabah & Sarawak; Citation: Suit No. KCH-22NCvC-28/7-2017; Source: High Court of Sabah and Sarawak

Jalin Anak Mangi and 4 Others v Masranti Sdn Bhd and 3 Others

Date: 12 January 2018; Court: High Court of Sabah & Sarawak; Citation: Suit No. KCH-21NCvC-16/10-2016; Source: High Court of Sabah and Sarawak

Zaharah Mustapha Raja Sewa and Another v Sagau Batu Bala and 5 Others, and Another Appeal

Date: 28 March 2018; Court: Court of Appeal; Citation: Civil Appeal Nos. Q-01(W)-9-01/2016 & Q-02(W)-184-01/2016 ; Source: Federal Court Registry

Kumpulan Darul Ehsan Berhad v Pentadbir Tanah Daerah Sepang and 3 Other Appeals

Date: 25 January 2018; Court: Court of Appeal; Citation: Civil Appeal Nos. B-01(A)-402-10/2016, 403-10/2016, 404-10/2016 & 405-10/2016; Source: Federal Court Registry

Dharijthullah Khan Bin M Kamal v Soori Themed A/L Appanah

Date: 08 March 2018; Court: Court of Appeal; Citation: Civil Appeal No. P-02(NCVC)(W)-1986-10/2016; Source: Federal Court Registry

Ramachandram A/L Appalanaidu and 102 Others v Gasing Meridian Sdn Bhd

Date: 12 February 2018; Court: Court of Appeal; Citation: Civil Appeal No. W-02(IM)-1356-06/2013; Source: Federal Court Registry

Superintendent of Lands and Surveys Kuching Division and 3 Others v Kuching Waterfront Development Sdn Bhd

Date: 23 January 2018; Court: Court of Appeal; Citation: Civil Appeal No. Q-01(W)-386-12/2015; Source: Federal Court Registry

Faridah Binti Haji Hasbi and 5 Others v Tajuk Merdeka Snd Bhd

Date: 10 January 2018; Court: High Court of Sabah & Sarawak; Citation: Originating Summons No. KCH-24-71/7-2017; Source: High Court of Sabah and Sarawak

Peh Wee Lee and Another v Pendaftar Hakmilik Negeri Sembilan and 2 Others

Date: 14 December 2017; Court: Court of Appeal; Citation: Civil Appeal No. N-01(IM)(NCVC)-406-10/2016; Source: Federal Court Registry

Mesra Budi Sdn Bhd v Lembaga Kemajuan Tanah Persekutuan (FELDA)

Date: 30 November 2017; Court: High Court of Malaya; Citation: Guaman Sivil No. DA-22-NCVC-6-02/2017; Source: Federal Court Registry

Tirai Kristal Sdn Bhd v Pengarah Tanah dan Galian Wilayah Persekutuan Kuala Lumpur

Date: 30 November 2017; Court: Court of Appeal; Citation: Civil Appeal No. W-01-497-11/2012; Source: Federal Court Registry

Bulyah Binti Ishak and Another v Ambank (M) Berhad and Another Appeal

Date: 02 October 2017; Court: Court of Appeal; Citation: Civil Appeal Nos. B-02(NCVC)(W)-638-04/2016 & 803-04/2016; Source: Federal Court Registry

INDUSTRY UPDATES

Court of Appeal Judge reprimanded by His Superior over Dissenting Judgment

KUALA LUMPUR, Aug 16 (Bernama) – A Court of Appeal Judge has today disclosed that he had been reprimanded by a top judge for writing a dissenting judgment in unilateral conversion of M.Indira Gandhi case two years ago.

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INDUSTRY UPDATES

Judicial Activism has Led to Renaissance in Administrative Law, says Academician

KUALA LUMPUR, Aug 15 (Bernama) – There is more judicial activism now which has led to a renaissance in administrative law, according to an academician.

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INDUSTRY UPDATES

Exercise of Freedom must be in accordance to Federal Constitution - Eddin Syazlee

JOHOR BAHRU, Aug 14 (Bernama) - The exercise of individual’s right to freedom, be it freedom of religion or speech, must be done in accordance to the provisions in the Federal Constitution, says Deputy Communications and Multimedia Minister Eddin Syazlee Shith.

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INDUSTRY UPDATES

International Malaysia Law Conference 2018

The 4-day International Malaysia Law Conference (“IMLC”) 2018, the flagship biennial event of the Malaysian Bar themed “Raising the Bar: Innovate. Integrate. Emulate.” is underway.

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INDUSTRY UPDATES

IMLC 2018: Change of Government an impetus for strengthening the Rule of Law, says Sultan Nazrin Shah

KUALA LUMPUR, Aug 14 (Bernama) - The recent change of government in Malaysia has given a fresh impetus to strengthen the rule of law in the country, the Sultan of Perak, Sultan Nazrin Shah said today.

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INDUSTRY UPDATES

1Mine urges Government to postpone SST

KUALA LUMPUR, Aug 14 (Bernama) - The government has been urged to postpone implementation of the Sales and Services Tax (SST) come Sept 1 until a directive on the newly passed tax law is clearly outlined.

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INDUSTRY UPDATES

Seizure of Equanimity made according to Legal Procedures - Liew Vui Keong

KUALA LUMPUR, Aug 14 (Bernama) - Minister in the Prime Minister’s Department Datuk Liew Vui Keong told the Dewan Rakat today that the seizure of the superyatch Equanimity was made according to Malaysian procedures and laws.

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INDUSTRY UPDATES

Petronas, Sabah, Negeri Sembilan receive Global Innovation Award

KUALA LUMPUR, Aug 14 (Bernama) - Petroliam Nasional Berhad (Petronas), Sabah Land and Survey Department, and the Negeri Sembilan government have been selected ahead of more than 100,000 companies worldwide to win a global technology award.

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INDUSTRY UPDATES

Call to improve Healthcare System instead of Introducing Health Insurance Scheme

KUALA LUMPUR, Aug 13 (Bernama) - A healthcare advocate had urged the government to reconsider the proposal to introduce national health insurance scheme for the people by taking into considerations it's adverse financial impact in the long term.

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INDUSTRY UPDATES

Najib files Appeal against Gag Order Refusal

KUALA LUMPUR, Aug 13 (Bernama) - Lawyers of former prime minister Datuk Seri Najib Tun Razak today filed an appeal against a High Court refusal to issue an order restraining the media and public from publishing statements on the merits of his case pending its disposal.

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INDUSTRY UPDATES

Johor to consider implementing Open Tender System

ISKANDAR PUTERI, Aug 12 (Bernama) - The state government will consider implementing the open tender system for all projects in Johor to prevent monopolies, said Menteri Besar Datuk Osman Sapian.

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INDUSTRY UPDATES

SMEs need to collaborate with IPTS to embrace Technologies

KUANTAN, Aug 13 (Bernama) - Small and medium enterprises (SMEs) need to collaborate with local institutions of higher learning (IPTs) to enable them to brace technologies in order to be more competitive in the face of the fourth industrial revolution (Industry 4.0).

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INDUSTRY UPDATES

Mixed Reaction in Construction-Related Stocks following SST Announcement

KUALA LUMPUR, Aug 13 (Bernama) - The prices of construction-related stocks saw a mixed performance today following the Finance Ministry’s announcement on the tax exemption of some construction materials.

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INDUSTRY UPDATES

GST Refunds should be settled before SST kicks in

KUALA LUMPUR, Aug 11 (Bernama) - The Finance Ministry has been urged to find a swift solution regarding the Goods and Goods and Services Tax (GST) refunds before the implementation of Sales and Services Tax (SST) this September.

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INDUSTRY UPDATES

740 Violations detected in Food Premises under Sarawak Labour Ordinance

KUCHING, Aug 9 (Bernama) - The Sarawak Labour Department today conducted simultaneous operations throughout the state on 140 employees’ workplaces in food premises in which 740 violations were detected under the Labour Ordinance.

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