PETROLIUM NASIONAL BERHAD v. PENTADBIR TANAH DAERAH KOTA TINGGI; KOO MING KUANG & ANOR (INTERVENER)

[2017] 3 MLRH 580
High Court Malaya, Johor Bahru
Choo Kah Sing JC
[Land Reference No: 15-76-12-2012]
Choo Kah Sing JC

Land Law : Acquisition of land - Objection against amount of compensation awarded - Applicant objected to amount of compensation awarded to interveners - Whether application was res judicata - Whether applicant had to adduce his own valuer's report to establish prima facie case - Land Acquisition Act 1960, Third Schedule, para 2(1)

This was an application by the applicant, being the acquiring agent, against the amount of compensation award by the land administrator ('the award') to the interveners following the acquisition of the scheduled land. In this proceedings, the interveners contended, that the court had no jurisdiction to hear the applicant's application as the consideration of the award had already been determined by a previous decision of the High Court ('previous proceedings') and therefore the application was res judicata; and the applicant could not object to the award without fiing its own valuation report.

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