CID REALTORS SDN. BHD. 1. ) UEM SUNRISE BHD. 2. ) SHAMSUL BAHARI BIN AINI @ ZAINI

CID REALTORS SDN. BHD. 1. ) UEM SUNRISE BHD. 2. ) SHAMSUL BAHARI BIN AINI @ ZAINI

There was no valid appointment of the plaintiff as agent (no written, clear oral or effective conduct appointment), defendant second lacked authority to appoint without CEO approval, no agreed commission or identifiable allocated units, and the plaintiff was not the effective cause of the sales; therefore the plaintiff's claim for commission fails.

Citation
WA-B52NCvC-464-10/2023 (Mahkamah Sesyen)
Parties
Plaintif: CID Realtors Sdn Bhd; Defendan Pertama: UEM Sunrise Bhd; Defendan Kedua: Shamsul Bahari bin Aini @ Zaini
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 July 2025
Case Number
WA-B52NCvC-464-10/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Commission/agency Dispute / Sessions Court Judgment (reasons for Judgment)
Outcome
Claim dismissed with costs on scale.
Legal Topics
Agent Appointment, Commission Entitlement, Effective Cause (efficient Cause), Invitation to Treat, Registration Requirement, Authority to Appoint
Source Language
Malay/English
Contract Agency Property Law Evidence Agent Appointment Commission Entitlement Effective Cause (efficient Cause) Invitation to Treat +2 more

Case Brief

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Parties

CID Realtors Sdn Bhd

Plaintif

UEM Sunrise Bhd

Defendan Pertama

Shamsul Bahari bin Aini @ Zaini

Defendan Kedua

Procedural Posture

Civil Commission/agency Dispute / Sessions Court Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether plaintiff was validly appointed as agent of defendant first
  2. 2 Whether plaintiff was the effective cause of the sales and therefore entitled to commission
  3. 3 Whether required registration and procedural mechanisms for appointment were complied with

Ratio Decidendi

There was no valid appointment of the plaintiff as agent (no written, clear oral or effective conduct appointment), defendant second lacked authority to appoint without CEO approval, no agreed commission or identifiable allocated units, and the plaintiff was not the effective cause of the sales; therefore the plaintiff's claim for commission fails.

Court Disposition

Claim dismissed with costs on scale.

Orders

  • Claim dismissed with costs on scale.