JUDGMENT

Amarjeet Singh Serjit Singh JC:

Introduction

[1] This is the Court's judgment after a full trial. The trial was a joint hearing of Civil Suit No: PA-22NCvC-198-12/2018 ("Suit No 198") and Civil Suit No: PA-22NCvC-75-03/2019 ("Suit No 75"). Ong Lay Kiong ("Ong") is suing Sivarajan a/l Boominathan ("Sivarajan") and Gaanapathy a/l Ramakrishnan ("Gaanapathy") in Suit No 198 while Sivarajan is suing Gaanapathy in Suit No 75.

Suit No 198

[2] Ong is an Australian citizen working in Malaysia. The following material facts of Ong's case are admitted by Sivarajan:

(i) Sivarajan worked as a driver for Ong from 2009 until his dismissal.

(ii) On 16 June 2014, Sivarajan entered into a sale and purchase agreement with one Joshua Andrew Ch'ng Siew Tat, the owner of the apartment known as Hakmilik Strata No Hakmilik GRN M1, Lot 4715, Seksyen 5, Bandar Georgetown, Daerah Timur Laut, Pulau Pinang ("the said property"). The purchase price of the said property was RM370,000.00.

(iii) It was Ong who arranged for the said property to be purchased in view of giving the same to Sivarajan if the latter were to continue proving his loyalty and commitment by working for Ong until retirement. The property was