Mokhtar Sidin JCA:

Sometime in April 1987 the respondent submitted a booking form dated 3 April 1987 (hereinafter referred to as "the application") to the appellant's agent to rent Kiosk No. 3 at the premises owned by the appellant which premises is known as Subang Parade. The appellant's agent handling the bookings for the various outlets at the Subang Parade at that time was Collings Hui Sdn Bhd. (hereinafter referred to as "Collings Hui"). It is interesting to note and not disputed that the respondent at that time was employed by Collings Hui as its administrative manager. Together with the booking form the respondent also remitted a sum of RM500 said to be the deposit of the said booking. There is no evidence to show that Collings Hui as the booking agent for the appellant replied to the application made by the respondent or for that matter accepted the application made by the respondent. Things were not well between the appellant as the owner of Subang Parade and Collings Hui. Apparently, Collings Hui was not happy with the appointment of Natvest Sdn Bhd (hereinafter referred to as "Natvest") as the appellant's new agent. The appellant then terminated Collings Hui as