Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Commission

Legal area

Court

29 Oct 2021

CHOW SEE WAN GS REALTY SDN. BHD.

Citation

WA-22NCVC-292-06/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-292-06/2017 (Mahkamah Tinggi)

On the balance of probabilities Plaintiff failed to prove she introduced or was the effective cause for MSG engagements or that Defendant promised 10% commission; Plaintiff validly signed and received RM150,000 as a one-off and final referral fee without sufficient pleadings or evidence of undue influence or misrepresentation; claim dismissed and costs awarded to Defendant.
31 Jan 2020

KNIGHT FRANK MALAYSIA SDN. BHD. (No. Syarikat: 585479-A) 1. TH PROPERTIES SDN. BHD. (No. Syarikat: 63904-D) 2. THP ENSTEK DEVELOPMENT SDN. BHD. (No. Syarikat: 396167-A)

Citation

WA-B52NCC-80-02/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-80-02/2019 (Mahkamah Sesyen)

Plaintiff proved on balance of probabilities that it introduced the buyer and took effective steps that led to the sale; contemporaneous emails show the Defendants acknowledged commission terms (2% + tax) and engaged with Plaintiff's prospect; Defendants failed to discharge their burden to explain non-appointment or to rebut material facts, therefore Plaintiff entitled to the claimed commission and costs.