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2002 MarsdenLR 1714 ; 2002 MarsdenLR 1

ABDUL HAMID MOHAMAD, MOHD SAARI YUSOF, MOHD NOOR AHMAD
AMERICAN INTERNATIONAL ASSURANCE COMPANY LTD – Appellant
Versus
KOH YEN BEE – Respondent


Advocates:
For the appellant - Dato Sivaparanjothi (S Ruthern, Ch ng Kim Hock, Wong Kee Them & Wong Kee Them); M/s V Siva & Partners
For the respondent - Dato Dr Cyrus Das (Ong Chee Yong & Ong Peck Ha); M/s Ong & Ong

JUDGMENT

Abdul Hamid Mohamad JCA:

The appellant is an insurance company. The respondent was the appellant's insurance agent. The respondent's agency was terminated by the appellant. The respondent sued the appellant alleging that the termination letter dated 26 January 1995 was given in bad faith and/or was unlawful, unfair, unjust and/or in contravention of the rules of natural justice. It was alleged that the termination of the agent's contract dated 27 February 1992 by the appellant was without sufficient cause, that the appellant failed to give to the respondent a reasonable notice of the termination of the agency contract, that the appellant had failed to disclose the reasons for the dismissal, and that she had suffered loss and damage and had been deprived of her rights, privileges and benefits contained in the agent's contract. She claimed loss of earnings, being the total of First Year Commission, General Business Commission, Career Benefits Payment and other incomes from 1995 until the age of 65 years, calculated on a projected increase of 10% per annum totalling RM9,720,000. She also claimed loss of Agent's Provident Fund totalling RM300,000. Of course, she also claimed i

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