JUDGMENT

Akhtar Tahir J:

Introduction

[1] The Plaintiff filed an appeal to this Court against the decision of the learned Sessions Judge who had allowed the counter claim of the Defendant by way of summary judgment.

[2] The summary judgment was for a sum of RM949,845 which the Defendant contended that he had paid as commission to the Plaintiff when the Plaintiff was not entitled to such a commission.

The Facts Relevant To The Counter Claim

[3] The Plaintiff was appointed by the Defendant to find buyers for units of apartments owned by the Defendant at "The Crest", Jalan Ismail, Kuala Lumpur.

[4] The Plaintiff managed to find a number of buyers for the apartments belonging to the Defendant and billed the Defendant for a sum of RM951,449 as his commission.

[5] The Defendant duly paid the commission claimed by the Plaintiff. The Defendant now claims that the Plaintiff was not a registered as an estate agent under s 22C of the Valuers, Appraisers and Estate Agent Act 1981 and therefore not entitled to the commission.

The Learned Sessions Judge Decision

[6] The learned Sessions Judge in her grounds of judgment, after a lengthy discussion on the letter dated 27 September 2007, concluded that the P