PERBADANAN KEMAJUAN PERTANIAN SELANGOR vs JW PROPERTIES SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 1562

FEDERAL COURT PUTRAJAYA
PERBADANAN KEMAJUAN PERTANIAN SELANGOR – Appellant
Versus
JW PROPERTIES SDN BHD – Respondent

Petitioner Advocates:Malik Imtiaz Sarwar,Ashok Kandiah,Mahendran Kanapathy,Surendra Ananth,Prathib Patmanabon ,Respondent Advocate: Jason Lai,Nurul Shafiah Abdul Shukor

Table of Content
1. appeal against compensation awarded for land acquisition. (Para 1 , 2 , 3)
2. court of appeal determined entitlements based on equitable considerations. (Para 20 , 24 , 25)
3. unconscionable conduct leads to constructive trust determinations. (Para 21 , 22)
4. claimants must demonstrate loss to secure compensation. (Para 50 , 51 , 62)

[1] This is an appeal by the appellant against the decision of the Court of Appeal in allowing the respondent's appeal against the decision of the High Court in awarding the compensation sum of RM3,035,145.00 ("the compensation sum") to the appellant in the Land Reference proceedings referred to the Court by the Land Administrator.

[2] The subject matter of the Land Reference proceedings is the compensation sum awarded by the Land Administrator of Kuala Selangor for the compulsory acquisition of the land held under HS(D) 4588, Lot PJ 3708, Mukim Api-Api, District of Kuala Selangor ("Api-Api land") pursuant to the Land Acquisition Act 1960 ("the Act").

[3] The High Court decided that the appellant was entitled to receive the compensation sum. The Court of Appeal reversed the decision of the High Court and held that the respondent is the

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2017 MarsdenLR 1562

FEDERAL COURT PUTRAJAYAPERBADANAN KEMAJUAN PERTANIAN SELANGOR – AppellantVersusJW PROPERTIES SDN BHD – Respondent

Cases Referred (2)

FEDERAL COURT PUTRAJAYA
PERBADANAN KEMAJUAN PERTANIAN SELANGOR – Appellant
Versus
JW PROPERTIES SDN BHD – Respondent