Leong Wai Hong JC:

Judgment

Introduction

[1]There are 2 issues in this appeal before me against a Sessions Court order striking out the appellants’ / defendants’ Counterclaim. The first issue is whether two sale and purchase agreements dated 18-10-2020 [“SPA Agreements”] are conditional agreements as set out in paragraph 4.2.4 of the Malaysian Estate Agency Standards 2020; or they are unconditional agreements as set out in paragraph 4.2.6 of the Malaysian Estate Agency Standards 2020.

[2]Paragraph 4.2.4 of the Malaysian Estate Agency Standards 2020 reads as follows :-

Where the Sale and Purchase agreement or Tenancy / Lease agreement is conditional, the estate agency fees (excluding disbursement) are due when the last of the conditions are met i.e. when the agreement becomes unconditional.

(Emphasis added) [See Enclosure. 3 Record of Appeal Part B, Vol 2(A), page 185 (PDF page 203)]

[3]Paragraph 4.2.6 of the Malaysian Estate Agency Standards 2020 reads as follows :-

If the Client to the firm aborts the deal either after signing of an unconditional Sale and Purchase Agreement or Tenancy / Lease agreement of after a conditional agreement becomes unconditional, then the firm is entitled to th