Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Commission disputes

Legal area

Court

14 Mar 2024

AW GEOK LIP 1. ) SEA PAPER INDUSTRIES SDN. BHD. 2. ) Shai Meng Choon

Citation

BA-12BNCvC-39-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-39-09/2023 (Mahkamah Tinggi)

The appeal is dismissed because the Plaintiff failed to prove an enforceable agreement with the Defendant; only the shareholder (Yee Lee) had authority to sell the company’s shares and to agree commission, there was no evidence Yee Lee approved any commission, the Third Party lacked authority to bind the company, WhatsApp messages and unsigned documents did not establish a binding contract, and the trial judge’s findings were reasonable and not plainly wrong.
7 Jul 2021

JOANNE SIM LEAN KHIM AGENSI PEKERJAAN NG BERSATU SDN BHD

Citation

BA-16-34-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-16-34-10/2020 (Mahkamah Tinggi)

Because s69B applied the parties' written contract governed the dispute; Exh E-1 must be read with earlier appointment, confirmation and contract documents and did not abolish appellant's basic salary; delay in asserting the right did not constitute waiver absent unequivocal written waiver; unjust enrichment defence failed because appellant only claimed contractual salary; therefore ADL's decision to deny unpaid salaries was set aside and substituted with an order for RM50,800, while ADL's verified finding on commissions (RM9,070) was affirmed.