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

Court cautions Najib against posting Statements on his Trial

KUALA LUMPUR, Jul 18 (Bernama) - The High Court here today cautioned Datuk Seri Najib Tun Razak against posting any more statements in social media pertaining to his SRC trial or risk being cited for contempt of court.

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INDUSTRY UPDATES

Bank Muamalat: 'Court did not find us Guilty of Union-Busting'

KUALA LUMPUR, Jul 18 (Bernama) - Bank Muamalat Malaysia Bhd today said it was never found guilty of union-busting or had breached any law.

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INDUSTRY UPDATES

Guidebook on Parliamentary Constituencies launched

KUALA LUMPUR, Jul 17 (Bernama) - Dewan Rakyat Speaker Datuk Mohamad Ariff Md Yusof today launched Wakil Kita di Parlimen, a 228-page guidebook containing relevant information on all the 222 parliamentary constituencies.

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INDUSTRY UPDATES

Students among Plaintiffs in Lawsuit over Sungai Kim Kim Pollution

JOHOR BAHRU, Jul 17 (Bernama) - Thirty-four students are among 171 individuals who are suing the Johor state government, Menteri Besar Datuk Osman Sapian and 10 others over the pollution in Sungai Kim Kim near Pasir Gudang last March.

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INDUSTRY UPDATES

Chief Justice heads Penang Honours List

GEORGE TOWN, Jul 12 (Bernama) - Chief Justice Datuk Tengku Maimun Tuan Mat heads the list of 877 recipients of state honours and honorary medals in conjunction with the 81st birthday of the Yang Dipertua Negeri of Penang Tun Abdul Rahman Abbas.

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INDUSTRY UPDATES

Prosecution failed to serve Summons on Shahrizat's Children, Court sets new Mention Date

KUALA LUMPUR, Jul 12 (Bernama) - The Sessions Court here today set Aug 5 for mention of a lawsuit filed by the Companies Commission of Malaysia (CCM) against two children of former Women, Family and Community Development Minister Tan Sri Shahrizat Abdul Jalil in connection with several offences allegedly committed by their company.

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INDUSTRY UPDATES

Bill to increase Sabah State Seats to be tabled on July 17

KOTA KINABALU, Jul 11 (Bernama) - Sabah Chief Minister Datuk Seri Mohd Shafie Apdal is confident the Bill for the additional 13 seats, to increase the number of state seats from 60 to 73, will be approved when it is tabled in Parliament on July 17.

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INDUSTRY UPDATES

IRB records 486,360 Cases of Voluntary Tax Declaration

KUALA LUMPUR, Jul 8 (Bernama) - The Inland Revenue Board of Malaysia (IRB) has recorded 486,360 cases of voluntary tax declaration under the special voluntary declaration programme (PKPS) as of June 23.

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INDUSTRY UPDATES

Sugar Tax: SME Traders can file Postponement Appeal

PARIT BUNTAR, Jul 7 (Bernama) - Small and Medium Enterprise (SME) traders affected by the sugar tax on sweetened drinks which came into effect this month, can file a postponement appeal to the relevant authorities.

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INDUSTRY UPDATES

Sarawak Government has not Officially responded on the RM1 Loan Offer - MOF

KUALA LUMPUR, Jul 6 (Bernama) - The Sarawak state government has yet to provide any official feedback to the Federal government on the proposed loan offer, amounting to RM1 billion, which will be allocated for repairs of dilapidated schools in the state.

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INDUSTRY UPDATES

Government offers Tax Incentives, grants to boost Participation in Expo 2020 Dubai

PUTRAJAYA, Jul 5 (Bernama) - The government has approved tax incentives and grants to encourage potential participating and contributing companies in the upcoming Expo 2020 Dubai.

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INDUSTRY UPDATES

Airbnb wants clearer Guideline on Tourism Tax

KUALA LUMPUR, Jul 2 (Bernama) -- Online hospitality service brokerage company, Airbnb Inc urged the government to provide a clearer guideline on tourism tax for its type of business.

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INDUSTRY UPDATES

CUEPAC urges Government to review Minimum Wage

KUALA TERENGGANU, Jun 30 (Bernama) - The Congress of Unions of Employees in the Public and Civil Services (CUEPACS) has urged the government to review the minimum wage in an effort to reduce the people’s cost of living.

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INDUSTRY UPDATES

MITI calls SMEs to sign up for IR4.0 Assessment

GEORGE TOWN, Jun 28 (Bernama) - The Ministry of International Trade and Industry (MITI) is encouraging small and medium-sized enterprises (SMEs) in the manufacturing sector to sign up for the National Policy on Industry 4.0 Readiness Assessment (Industry4WRD-RA).

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INDUSTRY UPDATES

Lawyer Shafee's Money-Laundering trial moved to March Next Year

KUALA LUMPUR, Jun 27 (Bernama) - The trial of prominent lawyer Tan Sri Muhammad Shafee Abdullah, who is facing two counts of money laundering charges involving RM9.5 million he allegedly received from former prime minister Datuk Seri Najib Tun Razak, and two charges of making false statements to the Inland Revenue Board (IRB), has been moved to March next year.

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