(Post-Trial)

Kenneth St James JC:

Prelusion

[1] The Plaintiff (P) entered into a type of consultancy or advisory agreement with the Defendants (Ds). The contract was for P to assist and advise Ds to sell their shares in the company they owned.

[2] The contract contained a success fee clause. It is a term to pay P a contingency fee, if Ds get to sell their shares.

[3] P assisted and advised Ds. P worked on getting Ds' shares sold.

[4] Ds eventually completed the transaction to sell their shares to an ultimate buyer. But when P demanded for their success fee, Ds refused to pay. P filed this suit. When the suit was filed, only the 1st Defendant paid up. The other Defendants defended against the claim.

[5] Should P's claim against the other Defendants for the success fee be allowed?

Preliminaries

[6] The trial was conducted over nine days of evidence-gathering and submissions.

Plaintiff's Claim

[7] Ds were the majority shareholders in their company: Alpha Precision Turning And Engineering Sdn Bhd (Alpha). They wanted to sell their majority stake in Alpha (Transaction). They engaged P to advise them and to find them a buyer. They engaged P in June 2015 to work on the Transaction.

[8] The co