SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v PROPNEX REALTY SDN BHD

w-04ncvcw-362-09-2023 Court of Appeal (Mahkamah Rayuan) 18 August 2025 • W-04(NCvC)(W)-362-09/2023 • 24 min read
22 cases cited (0 SG, 22 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (6)

Parties (2)

Case Significance

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v PROPNEX REALTY SDN... is a Court of Appeal (Mahkamah Rayuan) decision dated August 18, 2025 (citation: w-04ncvcw-362-09-2023). <p>SME Bank cross-appealed against the High Court's finding that Propnex was entitled to payment for estate agency services on a quantum meruit basis. The Court of Appeal dismissed SME Bank's appeal, finding that a valid estate agency contract existed and that Propnex's involvement was the effective cause of the property sale.</p> The panel comprised Azimah binti Omar, Faizah binti Jamaludin and Mohd Nazlan bin Mohd Ghazali, with Faizah binti Jamaludin delivering the judgment. Counsel appearing: Abu Haziq bin Abu Talib (counsel for appellant), Amelda Md Din (counsel for appellant), Lai Yee Fan (counsel for respondent), Wong Yin Mei (counsel for respondent).

Summary

SME Bank cross-appealed against the High Court's finding that Propnex was entitled to payment for estate agency services on a quantum meruit basis. The Court of Appeal dismissed SME Bank's appeal, finding that a valid estate agency contract existed and that Propnex's involvement was the effective cause of the property sale.

What was the outcome of SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v PROPNEX REALTY SDN...?

<p>SME Bank cross-appealed against the High Court's finding that Propnex was entitled to payment for estate agency services on a quantum meruit basis....

Statutes Cited

Cases Cited (22)

UK (1)
[2013] 1 WLR 2477
MY (20)
[1981] 1 MLJ 298 [1996] 1 AMR 839 [1996] 1 MLJ 233 [1996] 2 CLJ 611 [1999] 3 AMR 3345 [1999] 3 CLJ 738 [1999] 3 MLJ 577 [2004] 4 CLJ 309 [2004] 6 AMR 781 [2005] 2 MLJ 1 [2010] 9 CLJ 785 [2014] 7 MLJ 476 [2018] 1 AMR 517 [2018] 2 CLJ 641 [2018] 2 MLJ 177 [2020] 10 CLJ 1 [2020] 12 MLJ 67 [2020] 5 CLJ 27 [2020] 5 MLJ 630 [2020] 8 AMR 227
IN (1)
AIR 1969 SC 193