JUDGMENT
A. Introduction
[1] This present appeal before this Court was filed against the decision of the Learned Judicial Commissioner ("Learned JC") dismissing the AppellantPlaintiff's claim against the Respondent-Defendant with costs of RM10,000.00.
[2] The Appellant-Plaintiff claimed for the return of a sum of 1 million Euros (which is equivalent to approximately RM4.82 million) which was supposedly remitted by the Appellant-Plaintiff to the Respondent-Defendant as an agent to an American corporate entity, Noble Mettle LLC ("Noble") under the terms of a Loan Agreement for a fantastical amount of One Hundred and Two Million Euros (102,000,000.00 Euros).
[3] The parties hereinafter will be referred to as they were in the High Court.
[4] The Plaintiff ("Worldwide Platinum Records Sdn Bhd") had entered into a Loan Agreement for 102 MILLION EUROS (MORE THAN RM500,000,000.00) with Noble, via the agency and representation of the Defendant, an individual by the name of "Tan Sew Cheng".
[5] Despite a whopping HALF A BILLION RINGGIT loan amount which Noble had agreed to extend to the Plaintiff, the Plaintiff had pleaded that Noble still inexplicably required the Plaintiff to pay a processing and due diligence fee of two (2) million Euros (one (1) million Euros to be paid upfront and the remainder one (1) million Euros be paid from the first drawdown of the half a billion ringgit).
[6] I must also remark on the puzzling 'split' manner in which the first tranche of the processing and due diligence fee was paid by the Plaintiff on 31 December 2016. The Plaintiff first directly paid to Noble the sum of 100,000.00 Euros via wire transfer. However, despite being able to pay directly the 100,000.00 Euros via wire transfer, the Plaintiff had claimed that the remainder sum of 900,000.00 Euros were paid to Noble in the following manner:
a. VIA LUMP SUM CASH PAYMENT IN FOREIGN SGD CURRENCY; and