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HIGH COURT MALAYA PENANG
GIC CONSULTANCY SDN BHD – Appellant
Versus
WEALTHY HOMES EXPERT SOLUTIONS SDN BHD – Respondent
| Table of Content |
|---|
| 1. existence of oral agreement and commission terms. (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. dispute over commission amount and burden of proof. (Para 8 , 9) |
| 3. burden of proof lies with the plaintiff. (Para 10 , 11 , 12 , 13) |
| 4. plaintiff's failure to substantiate claims. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. discrepancies in claims undermine credibility. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. conflicting pleadings raised concerns. (Para 31 , 32 , 33) |
| 7. defendant's defense and admissions. (Para 39 , 40 , 46) |
| 8. final ruling and order for payment. (Para 49 , 50) |
Introduction
[1] This is an action by the Plaintiff ("P") against the Defendant ("D") for the payment of commission in the sum of RM 1,005,066.62 pertaining to the sale of certain housing units.
[2] After a full trial, I dismissed P's claim. Here are the grounds of my judgment.
Background Facts
[3] The parties herein entered into an oral agreement for P to find buyers for the housing units at (i) Quay West, (ii) The Stone and (iii) P3 Residence (collectively the "three projects"). Whereby D would source units from the developers of the three projects and P would secure buyers for those units
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