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

SC welcomes Malaysia's Improved Ranking in Corporate Governance

KUALA LUMPUR, Dec 13 (Bernama) - The Securities Commission Malaysia (SC) is encouraged by the recognition of Malaysia's initiatives to improve corporate governance, which was a result of the collective effort by various stakeholders.

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INDUSTRY UPDATES

MyCC to identify Anti-Competitive Elements in Eggs Market

KUALA LUMPUR, Dec 13 (Bernama) - The Malaysia Competition Commission (MyCC) is working closely with the Ministry of Domestic Trade and Consumer Affairs (MDTCA) to identify any anti-competitive elements that may occur in the domestic market for chicken eggs.

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INDUSTRY UPDATES

MITI, MIDA, Intel hold IoT Forum to review Progress

KUALA LUMPUR, Dec 12 (Bernama) - The Ministry of International Trade and Industry (MITI), Malaysian Investment Development Authority (MIDA) and Intel Malaysia conducted the Internet of Things (IoT) Malaysia Forum 2018 yesterday to review IoT’s progress since its introduction five years ago.

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INDUSTRY UPDATES

Dewan Rakyat adjourns, Reform Agenda implemented - Speaker

KUALA LUMPUR, Dec 11 (Bernama) - The reform agenda of the Parliament was implemented at the second meeting of the first term of the 14th Parliament which came to a close today after sitting for 30 days since Oct 15.

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INDUSTRY UPDATES

Court proposes Mediation in Theresa Kok's Suit against Jamal

KUALA LUMPUR, Dec 11 (Bernama) - The High Court today proposed that Primary Industries Minister Teresa Kok who filed a libel suit against Datuk Seri Jamal Md Yunos over alleged misuse of Yayasan Warisan Anak Selangor (Yawas) funds, resolve the case via mediation.

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INDUSTRY UPDATES

Government concerned about Readiness of SMEs to adopt Industry 4.0

KUALA LUMPUR, Dec 10 (Bernama) - The Government is concerned about the readiness of local industries, particularly Small and Medium Enterprises (SMEs), to adopt Industry 4.0.

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INDUSTRY UPDATES

Memorandum of Understanding between Bank Negara Malaysia and Dubai Financial Services Authority

On 28 November 2018, Bank Negara Malaysia (BNM) and Dubai Financial Services Authority (DFSA) had signed a Memorandum of Understanding (MoU) on supervisory cooperation for effective supervision of banking and insurance/ takaful/ reinsurance institutions operating in both countries.

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INDUSTRY UPDATES

Najib, Irwan's trial on RM6.6 Billion CBT Case transferred to High Court

KUALA LUMPUR, Dec 7 (Bernama) - The trial of former prime minister Datuk Seri Najib Tun Razak and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah, who are facing six counts of Criminal Breach of Trust (CBT) involving RM6.6 billion, has been transferred to the High Court.

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INDUSTRY UPDATES

Malaysia's ePassport recognised as Regional ID Document of the Year

KUALA LUMPUR, 6 Dec (Bernama) - The Malaysian Immigration Department received the 2018 Regional ID Document of the Year Award, an acknowledgement for its innovative and class leading Malaysian ePassport.

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INDUSTRY UPDATES

Malaysia's first Geothermal Power Plant approval Withdrawn

KUALA LUMPUR, Dec 6 (Bernama) - Parliament was informed today that the approval given to Tawau Green Energy Sdn Bhd to build the country’s first geothermal power plant was cancelled on Aug 29 by the government.

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INDUSTRY UPDATES

Defence wants Judge to recuse himself from hearing Shafee's Cases

KUALA LUMPUR, Dec 5 (Bernama) - The defence will submit an appeal to the High Court judge Collin Lawrence Sequerah seeking that he withdraws from hearing cases on two money-laundering charges and another two on incorrect filings made to the Inland Revenue Board (IRB), faced by lawyer Tan Sri Muhammad Shafee Abdullah.

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INDUSTRY UPDATES

Perak First State to have Shariah Supreme Court

IPOH, Dec 5 (Bernama) - Perak will be the first state in the country to have four levels of shariah courts, with the Supreme Court as the apex court, after the State Legislative Assembly today passed the Shariah Court (Perak) Enactment 2018.

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INDUSTRY UPDATES

Ministry received 823 Complaints since implementing SST

KUALA LUMPUR, Dec 5 (Bernama) - Ministry of Domestic Trade and Consumer Affairs have received a total of 823 complaints mostly related to the rise in prices of goods since the implementation of the Sales and Service Tax (SST) on Sept 1.

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INDUSTRY UPDATES

Observe Malaysian Laws, pay Heed to Local Religious Adherences - Finnish Envoy

KUALA LUMPUR, Dec 5 (Bernama) - Finnish citizens have been advised to respect Malaysian laws and regulations and pay heed to local religious adherences, says Finland Ambassador to Malaysia, Petri Puhakka.

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INDUSTRY UPDATES

14,868 Contract Workers employed by Government

KUALA LUMPUR, Dec 3 (Bernama) - Up till April 9, 2018, the government employed 14,868 people on a contractual basis for its various agencies, Deputy Minister in the Prime Minister's Department, Mohamed Hanipa Maidin, told Parliament today.

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