Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Commission agreement

Legal area

Court

31 Jan 2023

LOOI & SONS TECHNOLOGY ENTERPRISE WEBSIGHT HORIZON SDN. BHD. PIHAK TERKILAN MALAYAN BANKING BERHAD

Citation

WA-A72NCC-10284-04/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCC-10284-04/2022 (Mahkamah Majistret)

Plaintiff failed to prove that the agreed 35% commission applied to the entire contract value; documentary evidence and WhatsApp communications established the 35% was calculated from RM286,280 (giving RM100,198 already paid), so plaintiff did not discharge the burden to show an outstanding RM56,448; claim is therefore dismissed.
21 Jan 2021

TANG VEE LUEN @ PHILIP TITAN ENERGY SDN BHD

Citation

WA-12ANCVC-198-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCVC-198-08/2020 (Mahkamah Tinggi)

The High Court allowed the appeal and set aside the Sessions Court's striking out order because the pleadings disclose a cause of action and there are serious conflicts of affidavit evidence and disputed factual issues (prematurity, alleged alteration of payment terms, and alleged illegality/fraud) that cannot be resolved by summary striking out; non‑stamping of the Letter Agreement is not fatal at interlocutory stage because admission can follow late stamping under s.52(1)(a); matters must proceed to trial before another Sessions Court Judge.