malaysia - Real Estate - Judgments & Rulings

Syarikat Hing Lee Fishing (Sabah) Sdn Bhd v Lin Yun Thai and 6 Others

Date: 12 March 2019; Court: Court of Appeal; Citation: Civil Appeal No. S-01(NCVC)(W)-511-12//2017; Source: Federal Court Registry

R Sivabalan A/L A Ramiah and Another v Zamberi Bin Md Isa and Another Appeal

Date: 29 January 2019; Court: Court of Appeal; Citation: Rayuan Sivil Nos. P-02(NCVC)(W)-134-01/2017 & P-02(NCVC)(W)-135-01/2017; Source: Federal Court Registry

Lee Wee Choong and Another v Teh Ching Yan and Another

Date: 07 December 2018; Court: Court of Appeal; Citation: [2018] MYCA 433; Source: Federal Court Registry

YB Engineering Sdn Bhd and Another v Standard Sofa Industries Sdn Bhd

Date: 19 December 2018; Court: Court of Appeal; Citation: [2018] MYCA 422; Source: Federal Court Registry

Ahad @ Raman Bin Sarudin and 4 Others v Pantai Bayu Indah Sdn Bhd and Another, and Another Appeal

Date: 13 December 2018; Court: Court of Appeal; Citation: [2018] MYCA 415; Source: Federal Court Registry

Tahps Group Berhad v Pentadbir Tanah Daerah Raub

Land law – Land acquisition – Compensation – Sections 40D(3) and section 49(1) of the Land Acquisition Act 1963 – Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Another case

Date: 20 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 300; Source: Federal Court Registry

Mohd Abdul Fadhil Bin Abdul Latif v Pentadbir Tanah Daerah Kuala Terengganu

Land law – Acquisition of land – Semi-permanent structure on the land – Demand for compensation on the value of the structure – Structure allegedly violated the category of use and the real terms of the land – Whether the value of land should take into account the value of the building

Date: 18 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 295; Source: Federal Court Registry

Ng Poh Hong v Kek Yok Lan and Another

Land – Title over land – Equitable or beneficial ownership – Whether the disputed land held on trust – Applicability of the limitation laws or the indefeasibility of title

Date: 12 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 298; Source: Federal Court Registry

Norkasumahasanati Bt Ustaz Abdul Wahab v Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

Real estate – Application for an order under section 417 of the National Land Code 1965 for cancellation of transfer of property and return of property

Date: 20 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 284; Source: Federal Court Registry

Supreme Tribute Sdn Bhd v Dato’ Haji Mohd Amin Bin Ahmad Yahya and 3 Others

Date: 25 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 232; Source: Federal Court Registry

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

INDUSTRY UPDATES

Government plans to build New Shah Alam Court Complex - Liew

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Niosh offers free needs Analyses for Sabah and Labuan Workplaces

KOTA KINABALU, Jun 24 (Bernama) - The National Institute of Occupational Safety and Health (NIOSH) stands ready to conduct free needs analyses of workplace safety for organisations in Sabah and the Federal Territory of Labuan, with the aim of identifying appropriate training required.

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Ministry launches Sexual Predation Awareness Campaign

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MyCC to focus Efforts on Monitoring Cement Industry

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INDUSTRY UPDATES

Amended Code did not affect Conflict of Interest - Witness

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INDUSTRY UPDATES

Court urges Johor PTG to meet Orang Asli to settle Compensation Issue

JOHOR BAHRU, Jun 18 (Bernama) - The High Court here today encouraged the state Land and Mines Office (PTG) to engage in discussions with the Seletar tribe Orang Asli of Kuala Masai with the aim of settling compensation due as a result of wrongful acquisition of their land in Stulang Laut.

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Ex-CJ speaks out against Lawyers' Tendency to seek Postponements

KUALA LUMPUR, Jun 16 (Bernama) - Former Chief Justice Tun Zaki Azmi has spoken out against the tendency by certain defence lawyers to seek postponements of cases being heard in court.

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RCI on Judicial Misconduct is what People Want - Dr Mahathir

PUTRAJAYA, Jun 5 (Bernama) - The government agreed to set up a Royal Commission of Inquiry (RCI) on judicial misconduct because this is what the people want, said Prime Minister Tun Dr Mahathir Mohamad.

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Complaints via Whatsapp: RTD issues More than 200 Notices

KUALA LUMPUR, June 3 (Bernama) - More than 200 notices have been issued by the Road Transport Department (RTD) as result of consumer complaints via the Whatsapp application during the three days enforcement operation, in conjunction with Adilfitri, which began on May 29.

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INDUSTRY UPDATES

Online Trader benefits from Industrial Revolution 4.0

KOTA BHARU, Jun 2 (Bernama) - The Industry Revolution 4.0, which is occurring all over the world, has given huge benefit to online traders in marketing their products to consumers.

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INDUSTRY UPDATES

Mohd Roze Shaari is New Intelligence/Operations Deputy Director

KUALA LUMPUR, June 1 (Bernama) - Bukit Aman's Criminal Investigation Department (CID) has a new Intelligence/Operations deputy director.

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Give Mandatory Counselling, Community Service Sessions to Road Bullies - MCPF

KUALA LUMPUR, May 31 (Bernama) - The Malaysian Crime Prevention Foundation (MCPF) has suggested that compulsory counselling and community service sessions be meted out to individuals detained for dangerous driving and road rage.

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INDUSTRY UPDATES

Samirah allowed to be released on RM500,000 Bail pending Trial

PUTRAJAYA, May 28 (Bernama) - The Federal Court today allowed Samirah Muzaffar, the wife of the late Cradle Fund chief executive officer Nazrin Hassan to be released on bail of RM500,000 with two sureties pending her murder trial.

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INDUSTRY UPDATES

Adib Inquest: Lawyer withdraws

SHAH ALAM, May 27 (Bernama) - The lawyer who represented the Housing and Local Government Ministry, Fire and Rescue Department and family of firefighter Muhammad Adib Mohd Kassim in the inquest into the latter's death withdrew from the case today.

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Sabah Syariah Court Complex 45 percent completed, ready by May 2020

KOTA KINABALU, May 27 (Bernama) - The new Kota Kinabalu Syariah Court Complex is 45 percent completed and is expected to be fully operational by May 2020, said Deputy Secretary-General (Senior) in the Prime Minister’s Department, Datuk Hasnol Zam Zam Ahmad.

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