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2025 MarsdenLR 3543

HIGH COURT MALAYA KUALA LUMPUR
CAREY REAL ESTATE SDN BHD – Appellant
Versus
IOI PROPERTIES GROUP BHD – Respondent


Petitioner Advocates:Dato Dhanaraj Vasudevan,Malar Loganathan Andrew Navin Anthony John ,Respondent Advocate: Rishwant Singh Amarjeet Singh,Nur Fathin Farrisya Md Noor

Table of Content
1. plaintiff's claim for real estate agency fees. (Para 1 , 2 , 3 , 4 , 5)
2. defendant's objections to the sufficiency of pleadings. (Para 6 , 10 , 12)
3. court's assessment of evidence supporting pleadings. (Para 7 , 9 , 19)
4. sufficiency of contract certainty regarding commission. (Para 8 , 11 , 15)
5. recognition of effective cause for commission entitlement. (Para 25 , 32 , 41)
6. conclusion on the legitimacy of the plaintiff's claim. (Para 54)
Su Tiang Joo J:

Introduction

[1] The plaintiff's claim for real estate agency fees was allowed after a full trial. This Court found that the plaintiff was the effective cause for a tenancy agreement entered into between one of the defendant's subsidiary company and a special corporate vehicle set up by the party introduced by the plaintiff. Dissatisfied, the defendant appealed, and these are the full grounds for the decision made on 15 November 2024.

Plaintiffs Claim

[2] The plaintiff claims from the defendant real estate agency fees to the sum of RM 1,233,215.13 ("the Said Sum") made up of a sum of RM 1,163,410.50 being its commission plus a sum RM69,804.63 being the 6% GST to be paid within 14 days from the date of judgment tog

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