YONG KOK YEAP PRECIOUS CONCRETE SDN. BHD.

YONG KOK YEAP PRECIOUS CONCRETE SDN. BHD.

Summary judgment was properly granted because the defendant executed the joint and several guarantee and accepted its terms, the plaintiff proved supply by contemporaneous delivery notes and exhausted remedies against the principal company, the guarantee's clause making a written statement of indebtedness conclusive applied, and the defendant failed to raise any triable issue on affidavit; therefore defendant was jointly and severally liable for RM3,223,503.56 and the High Court judgment was affirmed.

Citation
B-02(IM)(NCvC)-1739-10/2023 (Mahkamah Rayuan)
Parties
Appellant / Defendant: Yong Kok Yeap; Respondent / Plaintiff: Precious Concrete Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
27 September 2024
Case Number
B-02(IM)(NCvC)-1739-10/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (appeal Hearing)
Outcome
Appeal dismissed; judgment of the High Court affirmed
Legal Topics
Joint and Several Guarantee, Summary Judgment Under Order 14, Enforceability of Guarantee Against Guarantor After Principal Company Winding Up, Proof of Indebtedness by Delivery Notes, Triable Issues on Affidavit Evidence
Source Language
Malay/English
Contract Law Guarantee and Suretyship Civil Procedure (summary Judgment) Insolvency and Liquidation Joint and Several Guarantee Summary Judgment Under Order 14 Enforceability of Guarantee Against Guarantor After Principal Company Winding Up Proof of Indebtedness by Delivery Notes +1 more

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Parties

Yong Kok Yeap

Appellant / Defendant

Precious Concrete Sdn Bhd

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Court of Appeal Judgment (appeal Hearing)

Legal Issues

  1. 1 Whether summary judgment under Order 14 was properly granted
  2. 2 Whether the defendant's execution of the joint and several guarantee bound him as guarantor and principal debtor
  3. 3 Whether the plaintiff had established its claim against the principal company before pursuing the guarantor

Ratio Decidendi

Summary judgment was properly granted because the defendant executed the joint and several guarantee and accepted its terms, the plaintiff proved supply by contemporaneous delivery notes and exhausted remedies against the principal company, the guarantee's clause making a written statement of indebtedness conclusive applied, and the defendant failed to raise any triable issue on affidavit; therefore defendant was jointly and severally liable for RM3,223,503.56 and the High Court judgment was affirmed.

Court Disposition

Appeal dismissed; judgment of the High Court affirmed

Orders

  • High Court summary judgment affirmed
  • Appeal dismissed