malaysia - Real Estate - Judgments & Rulings

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

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

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

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

INDUSTRY UPDATES

Court adjourns Tony Pua's Appeal against Interim Injunction over RUU355 Video Clip

PUTRAJAYA, Feb 20 (Bernama) - The Federal Court today adjourned the appeal hearing by Damansara Member of Parliament Tony Pua Kiam Wee against an interim injunction order over his alleged video clip relating to the tabling of Syariah Courts (Criminal Jurisdiction) (Amendment) Bill 2016 or RUU355.

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INDUSTRY UPDATES

Sarawak Lawyers wants Government to set up RCI over Judge Allegations

MIRI, Feb 19 (Bernama) - The Advocates Association of Sarawak (AAS) has proposed to the government to set up a Royal Commission of Inquiry (RCI) over the allegation of judicial interference in the affidavit made by a sitting Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer recently.

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INDUSTRY UPDATES

MACC meets Judge Hamid Sultan over 63-Page Affidavit

PUTRAJAYA, Feb 18 (Bernama) - The Malaysian Anti-Corruption Commission (MACC) today met with Court of Appeal judge Datuk Dr Hamid Sultan Abu Baker over his recent 63-page affidavit, filed last week, on allegations of judicial interference.

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INDUSTRY UPDATES

Judiciary lodges Police Report over Allegations in Affidavit

PUTRAJAYA, Feb 15 (Bernama) - The Judiciary has lodged a police report over allegations made against unnamed judges and the institution in the affidavit made by a sitting Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer.

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INDUSTRY UPDATES

Blind Woman's Persistence to become Lawyer bears Fruit

KUALA LUMPUR, Feb 15 (Bernama) - ‘Where there’s a will, there’s a way’, this proverb illustrates the determination and diligence of a visually impaired young woman who has achieved her dream of becoming a lawyer.

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INDUSTRY UPDATES

Lawyer urges Government and CJ to address Justice Hamid's Revelations

KUALA LUMPUR, Feb 15 (Bernama) - Lawyer Sangeet Kaur Deo has called on the government and Chief Justice to immediately look into the claims by Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer, contained in his affidavit which revealed misconduct of top judges and judicial interference.

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INDUSTRY UPDATES

Men too face Sexual Harassment at Workplace

SUNGAI PETANI, Feb 14 (Bernama) - Men too have been recorded as being victims of sexual harassment at the workplace, said Women, Family and Community Development Deputy Minister, Hannah Yeoh.

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INDUSTRY UPDATES

LHDN launches eProcurement System, Suppliers' Portal

CYBERJAYA, Feb 13 (Bernama) - The Inland Revenue Board (LHDN) has launched the eProcurement (eP) system and the Suppliers’ portal as a continuous effort to improve service delivery to suppliers or tenderers dealing with the agency.

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INDUSTRY UPDATES

New Policies, Incentives needed under EAC to spur Investments

KUALA LUMPUR, Feb 12 (Bernama) - New policies and incentives must be formulated to encourage both domestic and foreign private investments for the newly minted Economic Action Council (EAC) to achieve its aim of stimulating sustainable growth.

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INDUSTRY UPDATES

SC Chairman elected Vice Chair of International Organisation of Securities Commission

KUALA LUMPUR, Feb 12 (Bernama) - The Securities Commission Malaysia (SC) chairman Datuk Syed Zaid Albar has been elected vice-chair of the International Organisation of Securities Commissions (IOSCO) Growth and Emerging Markets (GEM) Committee.

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INDUSTRY UPDATES

Economic Action Council formed

PUTRAJAYA, Feb 11 (Bernama) - The Prime Minister’s Office (PMO) today announced the establishment of the Economic Action Council, which is tasked with scrutinising and making decisions regarding economic and financial affairs as well as the people's well-being.

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INDUSTRY UPDATES

Najib's New Money Laundering Case transferred to High Court

KUALA LUMPUR, Feb 11 (Bernama) - The case of former prime minister Datuk Seri Najib Tun Razak involving three additional charges of money laundering to the tune of RM27 million of SRC International funds will be heard in the High Court.

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INDUSTRY UPDATES

Sabah Government should Consider amending Wildlife Conservation Enactment 1997 - Lee Lam Thye

KUALA LUMPUR, Feb 10 (Bernama) - The Sabah State Government should consider amending its Wildlife Conservation Enactment 1997 to make the killing of fully protected animals as a strict liability offence, animal rights activist Tan Sri Lee Lam Thye urged.

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INDUSTRY UPDATES

Malaysia ranks First in World's Best Healthcare Category

KUALA LUMPUR, Feb 6 (Bernama) - Malaysia, with a score of 95 out of 100, ranked first in the Best Healthcare in the World category of the 2019 International Living Annual Global Retirement Index.

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INDUSTRY UPDATES

No Cabinet reshuffle, Says Mahathir

KUALA LUMPUR, Feb 6 (Bernama) - Prime Minister Tun Dr Mahathir Mohamad today dismissed rumours of a Cabinet reshuffle that would reportedly take place after the Chinese New Year festival, saying there was no such thing.

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