Kamardin Hashim JCA:

Introduction

[1] This is an appeal by the appellant/plaintiff against the decision of the High Court Judge ('trial judge') given on 18 December 2017 after a full trial, in dismissing the appellant/plaintiff's claim and in allowing the respondent/defendant's counterclaim in the sum of RM234,940.28 with a global cost of RM15,000.00.

[2] The appellant/plaintiff was one of the pioneers and was responsible for the setting up of the Miri branch of the respondent/defendant company. He was promoted to the position as the Agency Manager. He hold the post until he retired in the respondent/defendant company.

[3] The appellant/plaintiff's claim was for the overriding commissions in respect of Liew Sze Chin's and Mesir Ting's units calculated from September 2013 until the date of judgment.

[4] The respondent/defendant counterclaimed for the refund of the sum of RM234,940.28 which was paid to the appellant/plaintiff under the mistaken belief that appellant/plaintiff was entitled to it as overriding commissions.

[5] We heard the appeal on 25 June 2019. After considering the submissions of parties on the issues raised in during the preliminary objection by the respondent/de