FOONG YOK KOK PRUDENTIAL ASSURANCE MALAYSIA BERHAD

FOONG YOK KOK PRUDENTIAL ASSURANCE MALAYSIA BERHAD

The appeal was dismissed as incompetent because the adjudged value of the subject-matter (RM234,940.28 — the mistaken overriding payments) was below the statutory RM250,000 threshold in s68(1)(a) CJA 1964 and no leave to appeal had been obtained; consequential damages or unquantified declaratory relief cannot be added to transform the subject-matter value for leave purposes. The court therefore refused to consider merits of the dispute.

Citation
Q-02(NCvC)(W)-210-02/2018 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Foong Yok Kok; Respondent/defendant: Prudential Assurance Malaysia Berhad
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
25 June 2019
Case Number
Q-02(NCvC)(W)-210-02/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Determination on Preliminary Objection; Appeal Dismissed for Want of Leave
Outcome
Appeal dismissed as incompetent for failure to obtain leave under s68(1)(a) CJA 1964; appeal not considered on merits
Legal Topics
Overriding Commission, Agency Agreement, Mistake of Fact, Recovery of Mistaken Payments, Leave to Appeal Under CJA S68(1)(a), Value of Subject Matter for Jurisdiction
Source Language
Malay/English
Contract Law Insurance Law Civil Procedure Restitution Limitation Law Overriding Commission Agency Agreement Mistake of Fact +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Foong Yok Kok

Appellant/plaintiff

Prudential Assurance Malaysia Berhad

Respondent/defendant

Procedural Posture

Civil Appeal / Determination on Preliminary Objection; Appeal Dismissed for Want of Leave

Legal Issues

  1. 1 Whether appellant was entitled to overriding commissions after dissolution of marriage between unit managers
  2. 2 Whether payments made to appellant were paid under a mistake of fact and recoverable
  3. 3 Whether defendant's counter-claim was statute-barred

Ratio Decidendi

The appeal was dismissed as incompetent because the adjudged value of the subject-matter (RM234,940.28 — the mistaken overriding payments) was below the statutory RM250,000 threshold in s68(1)(a) CJA 1964 and no leave to appeal had been obtained; consequential damages or unquantified declaratory relief cannot be added to transform the subject-matter value for leave purposes. The court therefore refused to consider merits of the dispute.

Court Disposition

Appeal dismissed as incompetent for failure to obtain leave under s68(1)(a) CJA 1964; appeal not considered on merits

Orders

  • Appeal dismissed
  • Costs awarded to Respondent