JMB Kelana Square v 1. ) Perantara Properties Sdn Bhd 2. ) Prasarana Malaysia Sdn Bhd 3. ) PENGARAH TANAH DAN GALIAN SELANGOR

ba-22ncvc-513-11-2019 High Court (Mahkamah Tinggi) 11 December 2024 • BA-22NCvC-513-11/2019 • 29 min read

14 cases cited (0 SG, 14 foreign)

Catchwords

Part of area developed was compulsorily acquired before strata titles was issued-compensation monies paid in full to the developer-developer claims acquired land comprises of car parks (accessory parcels)-JMB claims acquired area comprised partly of common properties-accessory parcel plan for issuance of strata titles relied on to prove acquired land comprised in part common properties-expert called by Plaintiff to give his opinion as to actual area comprising common properties-no rebuttal expert evidence from defence-whether Plaintiff estopped from filing present suit-whether should have had recourse to s.37 of the Land Acquisition Act 1960-whether computation arrived at by expert correct as the market value for accessory parcels differ from common property-whether Defendant holds part of compensation monies as a constructive trustee

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (6)

Haris Ibrahim Kandiah Partnership Firm Pretam Singh, Nor & Co Firm Ashok Kandiah Counsel Defendant Celinne Teh Sze Ning Counsel Defendant Kalvinder Singh Bath Counsel Plaintiff Rajasegaran A/L M Karuppiah Counsel Plaintiff

Parties (4)

PENGARAH TANAH DAN GALIAN SELANGOR Defendant Perantara Properties Sdn Bhd Defendant Prasarana Malaysia Sdn Bhd Defendant Jmb Kelana Square Plaintiff

Statutes Cited

Federal Constitution

Art 13

Land Acquisition Act 1960 (Cap 486)

National Land Code (Cap 828)

Strata Title Act 1985

s 4

Strata Titles Act 1985 (Cap 318)

Cases Cited (14)

UK (1)

[1964] 1 All ER 376

MY (13)

[1981] 1 MLJ 212 [1984] 2 MLJ 19 [1989] 2 MLJ 416 [1991] 1 MLJ 428 [1993] 3 MLJ 217 [2015] 6 MLJ 1 [2016] 1 MLJ 17 [2016] 5 CLJ 367 [2017] MLJU 1107 [2018] 4 CLJ 458 [2020] 5 MLJ 442 [2021] MLJU 1388 [2025] 1 MLJ 813

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-513-11-2019)