Syed Othman J:

The appellant was a director and secretary of the respondent society (the society). The allegations against him were that he knowing that the vendor, one Manickam, had purchased 59 acres of land in Penang for $456,000 failed to disclose to the society the transaction; that as a result, the society purchased the land in February 1965 for $944,000; and that he after the purchase of the land without the knowledge and consent of the society received for himself from Manickam a commission totalling $122,000 made up of two payments: $82,000 on 13 May 1965 and $40,000 on 29 June 1965. The society claimed loss or damage i.e. $488,000 excess payment for the purchase of the land and $122,000 the secret commission.

The appellant in his defence denied knowledge that the land had been purchased for only $456,000 or that he had received for himself a commission of $122,000.

The learned trial judge, after a trial lasting eight days, gave judgment on the claim for secret commission but dismissed the claim for compensation of $488,000.

The appellant appeals against the judgment on the secret commission and the society cross-appeals against the dismissal of the claim for c