malaysia - Real Estate - Judgments & Rulings

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

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

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

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

INDUSTRY UPDATES

PM tables Mid-Term Review of 11th Malaysia Plan in Dewan Rakyat

KUALA LUMPUR, Oct 18 (Bernama) - Prime Minister Tun Dr Mahathir Mohamad today tabled the Mid-Term Review of the 11th Malaysia Plan (11MP - 2016-2020) in the Dewan Rakyat.

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Deterrent Punishment must be imposed if Death Sentence to be abolished - AADK

BANGI, Oct 15 (Bernama) - The National Anti-Drug Agency (AADK) urged the government to decide on appropriate punishment for drug offences, if the mandatory death sentence to be abolished, says its director-general Datuk Seri Zulkifli Abdullah.

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INDUSTRY UPDATES

Parliament building declared Smoke-Free Zone

PUTRAJAYA Oct 15 - Smoking-designated corners inside the Parliament building have been declared as smoke-free zones, effective today, said Health Minister Datuk Seri Dr Dzulkefly Ahmad.

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INDUSTRY UPDATES

Launch of Professional Mobility Framework, Social and Sustainability Bond Standards

The ASEAN Capital Markets Forum (ACMF) met in Singapore and launched two key initiatives to drive a more connected and sustainable ASEAN capital market. These initiatives complement the measures introduced by the ACMF on collective investment schemes, corporate governance, disclosure standards and capacity building.

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INDUSTRY UPDATES

Total Abolition of the Death Penalty - The Right Time to Do the Right Thing, says Bar

The Malaysian Bar has wholeheartedly welcomed the decision of the Malaysian Cabinet to totally abolish the death penalty in Malaysia. "We commend the Minister in the Prime Minister’s Department (Law), Datuk Liew Vui Keong, for making the announcement on 10 October 2018, which coincided with the 16th World Day Against the Death Penalty. We look forward to seeing the legislation being tabled and passed by both houses of Parliament in the Parliamentary session that begins on 15 October", said the President of the Malaysian Bar, Mr. George Varughese.

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INDUSTRY UPDATES

SC advocates Sustainable Investing at InvestSmart Fest 2018

InvestSmart® Fest 2018, an investor education initiative by the Securities Commission Malaysia (SC), was officiated by Yang Berhormat Syed Saddiq Syed Abdul Rahman, Minister of Youth and Sports Malaysia at the Kuala Lumpur Convention Centre today.

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INDUSTRY UPDATES

Regulation on Black Shoes for Students to be fully enforced in 2021

PUTRAJAYA, Oct 13 (Bernama) - The requirement for students in government and government-aided schools to wear only black shoes to school will only be fully enforced in 2021, said the Education Ministry (MOE).

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INDUSTRY UPDATES

Sarawak Trade Office in Singapore to start operating on January 1

KUCHING, Oct 12 (Bernama) - Sarawak will set up three regional trade offices, including in Singapore, next year as a liaison between the state's exporters and the international business community.

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INDUSTRY UPDATES

Rule of Law important for Nation's Recovery Process - Mahathir

PUTRAJAYA, Oct 10 (Bernama) - All the people in the country, even the administrators and the Rulers, have to abide by the laws because this is important in the ongoing process of rehabilitating the country, Tun Dr Mahathir Mohamad said today.

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INDUSTRY UPDATES

Immediate Moratorium on Use of the Sedition Act 1948 is Crucial, Pending Its Repeal

The Malaysian Bar have claimed that it is heartened by the statement reportedly made by the Minister of Communications and Multimedia, Gobind Singh Deo, that the repeal of the Sedition Act 1948 (“Sedition Act”) “should take place at the next sitting of Parliament”.

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INDUSTRY UPDATES

MITI to improve Investment Incentives

KUALA LUMPUR, Oct 9 (Bernama) - The Ministry of International Trade and Industry (MITI) is looking to improve investment incentives that would give win-win results for both the investors and nation, says Minister Datuk Darell Leiking.

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INDUSTRY UPDATES

Effective Policy Making needs Global Perspective - BNM governor

KUALA LUMPUR, Oct 9 (Bernama) - Monetary and fiscal policies should have global perspectives as any fallout often spread across the borders, says Bank Negara Malaysia's (BNM) Governor Datuk Nor Shamsiah Mohd Yunus.

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INDUSTRY UPDATES

Death Penalty and Whipping are never the Solution to combat Corruption or any other Crimes

"The Malaysian Bar had unequivocally opposed the recent proposal, mooted by the Malaysian Anti-Corruption Commission (“MACC”) and various other parties, to introduce the death penalty and caning as punishments for corruption", says its president George Varughese.

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INDUSTRY UPDATES

Ministry, SME Bank join hands to develop Women Entrepreneurship

KUALA LUMPUR, Oct 8 (Bernama) - The Ministry of Women, Family and Community Development and its agencies will be working together with the Small Medium Enterprise Development Bank (SME Bank) to help boost women’s participation in business.

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INDUSTRY UPDATES

Chief Judge of Sabah and Sarawak heads List of 1,158 Sabah Award Recipients

KOTA KINABALU, Oct 5 (Bernama) - The Chief Judge of Sabah and Sarawak Datuk David Wong Dak Wah heads a list of 1,158 recipients of awards and medals in conjunction with the 65th birthday of the Yang Dipertua Negeri of Sabah, Tun Juhar Mahiruddin, tomorrow.

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