Nur Syafinaz Hayati Binti Kamarrudin

On the court record

The reported matters concentrate on land-acquisition and compensation work, grounded in High Court and Court of Appeal judgments rather than any ranking.

Nur Syafinaz Hayati Binti Kamarrudin's reported matters are concentrated in land acquisition and the assessment of compensation, argued in the High Court and the Court of Appeal. A distributional decision arose where the compensation for a compulsory acquisition had been deposited into court and competing claims had to be determined, engaging the meaning of a person interested under section 2 of the Land Acquisition Act 1960 and principles of trust and equity where beneficial ownership was in issue. Appearing for a defendant, the Court determined the competing entitlements and allowed the relevant claim with costs, guarding against an excess entitlement being asserted to the detriment of other beneficial owners.

Land-reference work forms the core of the profile. In related High Court references she appeared for a respondent where a landowner objected to the adequacy of the Land Administrator's award, both as to the value of the land and as to development costs; the Court allowed the objection as to land value and development cost, recording the disposition in Malay as Mahkamah membenarkan bantahan Pemohon untuk nilai tanah dan kos pembangunan (the Court allows the applicant's objection as to land value and development cost) and directing the payment of additional compensation.

The subject also reaches the appellate level. In a Court of Appeal land-reference appeal concerning the market value of acquired land, the category of land use and issue estoppel, she appeared for the respondent; the Court found the High Court judge had not been plainly wrong, dismissed the appeal and ordered costs of RM20,000 to the respondent. A thread across these decisions is the valuation and distribution of compensation on compulsory acquisition, from the meaning of a person interested and the fund paid into court, to the adequacy of an award and its affirmation on appeal, argued in the High Court at Shah Alam and before the Court of Appeal of Malaysia.