JUDGMENT

(After Full Trial)

Yong Leou Shin SCJ:

A. Introduction

[1] This action is emanated from a commission claim made against the Defendants pursuant to their breach of a letter of appointment/letter of award granted to the Plaintiff in their capacity as estate agents.

[2] After full trial, this court declined Plaintiff's claim and ordered that each party shall bear its own costs.

[3] Dissatisfied, Plaintiff filed an appeal.

B. Salient Facts

[4] Through a Letter of Appointment dated 1 January 2019 ("the letter of appointment"), the Plaintiff has been appointed as an agency for the sale and purchase of real estate for a Development project in Saujana Perdana Phase 3D2 Tresna Teratai, Sungai Buloh, Selangor ("the project") and the properties involved are double storey terrace houses (Double Storey Terrace House) ("the said houses").

[5] Based on Clause C in the appointment letter, the Second Defendant through its subsidiary which is the First Defendant has agreed to pay the Plaintiff a commission amounting to 2.5% of the net sales price exclusive of 6% sales and service tax for each house which was sold by the Plaintiff.

[6] Before the Plaintiff was given the appointment letter, the Plainti