GAN CHAI KIONG LIM CHIN MOH AGENCY SDN. BHD.

GAN CHAI KIONG LIM CHIN MOH AGENCY SDN. BHD.

Defendant failed to strictly prove entitlement to commission for the period June 2018–October 2021; unchallenged financial documents and attendance records established entitlement only to June 2018 commission, and plaintiff's payments for wages, EPF and SOCSO were properly set off against any commission, therefore the Sessions Court assessment awarding RM2,330 was correct and appeal is dismissed.

Citation
NA-12ANCvC-14-07/2023 (Mahkamah Tinggi)
Parties
Perayu/defendan: Gan Chai Kiong; Responden/plaintif: Lim Chin Moh Agency Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 March 2024
Case Number
NA-12ANCvC-14-07/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Assessment of Special Damages (commission) / Appeal to High Court Against Sessions Court Assessment Decision Following Taksiran Gantirugi Hearing
Outcome
Appeal dismissed with costs
Legal Topics
Special Damages, Assessment of Damages, Functus Officio, Double Recovery, Evidence and Burden of Proof
Source Language
Malay/English
Civil Law Contract Employment Law Damages Special Damages Assessment of Damages Functus Officio Double Recovery +1 more

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Parties

Gan Chai Kiong

Perayu/defendan

Lim Chin Moh Agency Sdn Bhd

Responden/plaintif

Procedural Posture

Civil Appeal Assessment of Special Damages (commission) / Appeal to High Court Against Sessions Court Assessment Decision Following Taksiran Gantirugi Hearing

Legal Issues

  1. 1 Whether defendant entitled to commission from June 2018 to October 2021 as claimed
  2. 2 Whether Sessions Court assessment awarding only June 2018 commission (RM2,330) was correct
  3. 3 Whether plaintiff entitled to set-off payments made for wages, EPF and SOCSO against commission claimed

Ratio Decidendi

Defendant failed to strictly prove entitlement to commission for the period June 2018–October 2021; unchallenged financial documents and attendance records established entitlement only to June 2018 commission, and plaintiff's payments for wages, EPF and SOCSO were properly set off against any commission, therefore the Sessions Court assessment awarding RM2,330 was correct and appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Assessment decision affirmed: defendant entitled to RM2,330.00 commission for June 2018 only (as assessed by Sessions Court)