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2022 MarsdenLR 215

COURT OF APPEAL PUTRAJAYA
KUNCI SEMANGAT SDN BHD – Appellant
Versus
THOMAS VARKKI M V VARKKI & ANOR – Respondent


Petitioner Advocates:K Shanmuga,P Dinesh Kumar ,Respondent Advocate: Rajashree Suppiah,Rex Kuan Kai Tat,Amira Nur Nadia Azhar

JUDGMENT:

S Nantha Balan JCA:

Introduction

1

[1] The main issue in this appeal is whether the plaintiffs' claim against the defendant for the balance of what has been described as a "finder's fee" is tainted with illegality, ie a claim which is prohibited by the provisions of the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 ("the Act"). The problem here is that illegality was not pleaded in the Defence and was not an issue to be tried. And the issue of illegality was not at all raised when the evidence was presented during the trial. The issue of illegality surfaced only when post-trial written submissions were filed. This is an appeal by Kunci Semangat Sdn Bhd (Co No 365006-T) ("defendant") against the decision of the Learned Judicial Commissioner dated 7 January 2021 after a full trial, whereby the claim by Thomas Varkki a/l MV Varkki (1st plaintiff - "P1") and Amarjit Singh a/l Kartar Singh (2nd plaintiff - "P2") was allowed and judgment was entered for the sum of RM545,720.00 with interest thereon at 5% per annum from 7 January 2021 until the full payment or realisation. The defendant was also ordered to pay costs of RM40,000.00. By the said decision the Judi

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