Yong Ing Kai & Anor v Superintendent of Lands and Surveys Kuching Division [2023] 8 AMR 1, FC

Constitutional law – Legislation – Constitutionality of – Lands compulsorily acquired by state government – Declaration under s 48 of the Land Code (Cap 81) (Sarawak) ("the Land Code") gazetted 12 years after pre-acquisition notification under s 47 of the Land Code – Whether compensation to be calculated based on market value of lands as at the date of the s 48 declaration or the s 47 notification – Whether s 60(1)(a) of the Land Code subject to modification under Article 13(2) of the Federal Constitution ("FC") – Whether permissible – Whether s 60(1)(a) was "existing law" within meaning of Article 162(6) of the FC – Federal Constitution, Articles 4(1), 13, 13(2), 162(6) – Malaysia Act 1963, s 74(4) – Land Code (Cap 81) (Sarawak), ss 47, 48, 51, 56, 60, 60(1)(a)

Land law – Acquisition of land – Compensation – Appeal – Lands compulsorily acquired by state government – Declaration under s 48 of the Land Code (Cap 81) (Sarawak) ("the Land Code") gazetted 12 years after pre-acquisition notification under s 47 of the Land Code – Whether compensation to be calculated based on market value of lands as at the date of the s 48 declaration or the s 47 notification – Whether assessment of compensation based on s 47 notification correct – Whether delay in making award could be equated with unconstitutionality – Whether compensation awarded adequate – Federal Constitution, Articles 4(1), 13, 13(2), 162(6) – Malaysia Act 1963, s 74(4) – Land Code (Cap 81) (Sarawak), ss 46, 47, 48, 48(2), 51, 56, 60, 60(1)(a)

Harta Pesaka Mohammad Shazrin bin Hassan v Naga Chittra a/p Rajagopal (suing as wife and lawful dependent of Mahendran a/l Narasimaloo deceased) & 6 Ors [2023] 8 AMR 29, CA

Civil procedure – Appeal – Application for leave to review – High Court dismissed appeals against Sessions Court decision on liability in negligence suit – Application for leave to appeal against High Court decision dismissed by Court of Appeal ("decision") – No objection from opposing parties – Whether leave to review said decision ought to be allowed – Whether there was denial of natural justice in course of leave application – Courts of Judicature Act 1964, s 68(1)

Tenaga Nasional Berhad v Majlis Daerah Segamat   [2023] 8 AMR 39, CA

Administrative law – Remedies – Judicial review – Appeal against dismissal – Application sought by appellant ("TNB") to quash imposition of assessment rate for electricity transmission towers ("pylons") under the Local Government Act 1976 ("the Act") – Pylons erected over lands owned by third-parties – Whether pylons subject to annual rates under the Act – Whether TNB liable to pay rates – Whether only owners liable to pay rates – Whether local authority omitted an error of law in making decision that exceeds its jurisdiction – Electricity Supply Act 1990, ss 9, 11 – Local Government Act 1976, ss 133, 145(1), 146 – Rules of Court 2012, Order 53 r 3(6)

Maybank Islamic Berhad v Twistcode Technologies Sdn Bhd & Anor [2023] 8 AMR 57, HC

Civil procedure – Summary judgment – Application for – Default in instalment payment under financing facility from bank – Whether triable issues raised – Whether claim lacked sufficient detail and specificity – Whether claim contrary to Syariah principles – Whether letter containing settlement proposal inadmissible as it was marked as "without prejudice" – Whether summary judgment ought to be granted – Contracts Act 1950, s 24 – Rules of Court 2012, Order 14, Order 14 r 4(4)

Sime Darby Plantation (Peninsular) Sdn Bhd v Pentadbir Tanah Daerah Kuala Langat (and 3 Other Land References) [2023] 8 AMR 75, HC

Land law – Acquisition of land – Land reference – Application to raise additional grounds of objection – Whether additional grounds of objection could be raised – Whether necessary to amend Form N to include additional grounds of objection – Whether application ought to be allowed – Land Acquisition Act 1960, ss 37, 38, Form N

UR Leisure Resorts Sdn Bhd v Malayan Banking Berhad [2023] 8 AMR 84, HC

Land law – Conversion of category of land use – Action for – Land charged to bank as security for loan – Planning permission obtained for conversion of land's category of use from agricultural to building (residential and commercial) – Land sold by bank before such registration and/or endorsement of change of use in land title – Goods and services tax ("GST") deducted from proceeds of sale – Whether land eligible for exemption from GST – Whether use of land determined by actual use or intended use of land – Whether landowner entitled to return of amount deducted as GST – Goods and Services Tax Act 2014 – National Land Code 1965, Form 16A

Revenue law – Goods and services tax – Sale of land – Land charged to bank as security for loan – Planning permission obtained for conversion of land's category of use from agricultural to building (residential and commercial) – Land sold by bank before such registration and/or endorsement of change of use in land title – Goods and services tax ("GST") deducted from proceeds of sale – Whether land eligible for exemption from GST – Whether use of land determined by actual use or intended use of land – Whether land owner entitled to return of amount deducted as GST – Goods and Services Tax Act 2014 – National Land Code 1965, Form 16A