HIGH COURT MALAYA PENANG
GIC CONSULTANCY SDN BHD – Appellant
Versus
WEALTHY HOMES EXPERT SOLUTIONS SDN BHD – Respondent
JUDGMENT
Introduction
[1] This is an action by the Plaintiff ("P") against the Defendant ("D") for the payment of commission in the sum of RM 1,005,066.62 pertaining to the sale of certain housing units.
[2] After a full trial, I dismissed P's claim. Here are the grounds of my judgment.
Background Facts
[3] The parties herein entered into an oral agreement for P to find buyers for the housing units at (i) Quay West, (ii) The Stone and (iii) P3 Residence (collectively the "three projects"). Whereby D would source units from the developers of the three projects and P would secure buyers for those units. In consideration thereof, D will pay a commission to P.
[4] Given that the agreement between the parties was not formalised in writing, unsurprisingly, there is uncertainty regarding its terms and conditions. The parties offered their respective version of what the oral agreement entails, and what had transpired in this matter.
[5] P's version is this.
(a) For the work done by P, which is to act as an agent to secure buyers for the allocated units in the three projects, D agreed to pay a commission to P.
(b) The commission is based on a percentage of 2 %, 4 % and 7 % of the ne
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