Syed Agil Barakbah SCJ:

[1] In the Commercial Division of the High Court, Kuala Lumpur, the respondent/plaintiff claimed the sum of $960,000 from the appellant/defendant as the brokerage fee or commission of 3% of the total purchase price of real property known as Block 8 Keratong in the State of Pahang (Block 8) which the appellant purchased from the registered owner as a result of the alleged professional services of the respondent as broker. The trial Judge gave judgment for the respondent not for the full amount claimed but for the sum of $460,000 calculated at 2% of the total purchase price. The appellant being dissatisfied with the said decision, has now appealed. There is also a cross-appeal by the respondent for the inclusion of the award of interest at 8% per annum with effect from March 19, 1981 till the date of judgment which the learned Judge has omitted to award.

[2] Originally the appellant filed six grounds of appeal, but later abandoned the first three grounds leaving Grounds 4, 5 and 6 for argument.

[3] The relevant facts as accepted by the learned Judge were that sometime in 1976 Yayasan Islam, Melaka (Yayasan), wanted to purchase landed property. The Chairma