Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Estate agency fees

Legal area

Court

23 Jun 2023

1. ) E Trend Realty Sdn Bhd 2. ) Tan Wei Sim Golden Hope Frozen Food Sdn Bhd

Citation

WA-12ANCvC-290-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-290-10/2022 (Mahkamah Tinggi)

The High Court held the SPAs were conditional (conditions relating to subdivision approval were unmet), therefore under Malaysian Estate Agency Standards 2020 the estate agency fees were not due; the Sessions Court's summary judgment requiring refund of RM 318,000 was affirmed and having been adjudicated the issues in the summary judgment produced res judicata preventing the defendants' counterclaim, so the counterclaim was properly struck out and the appeal dismissed.
16 Jun 2023

1. ) E Trend Realty Sdn Bhd 2. ) Tan Wei Sim Golden Hope Frozen Food Sdn Bhd

Citation

WA-12ANCvC-90-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-90-03/2022 (Mahkamah Tinggi)

The sale and purchase agreements were conditional contracts dependent on authority approval (a condition precedent); because the approval was rejected and the agreements revoked, the agency/professional fees were not due and the appellants were not entitled to retain RM318,000; there were no triable issues to defeat summary judgment, therefore the Session Court's summary judgment is affirmed.