Sustain Geotechnics Sdn Bhd Hi-Tech Mix Sdn Bhd

Sustain Geotechnics Sdn Bhd Hi-Tech Mix Sdn Bhd

The plaintiff established the indebtedness by contemporaneous contractual and commercial documents and the guarantee was continuing; the defendants failed to adduce any contemporaneous evidence raising a triable issue; therefore summary judgment was properly entered.

Citation
BA-12ANCC-20-03/2022 (Mahkamah Tinggi)
Parties
Appellant / Defendant: SUSTAIN GEOTECHNICS SDN BHD; Appellant / Defendant: LAM YOOK LON; Appellant / Defendant: KHAW CHIN WAH; Respondent / Plaintiff: HI-TECH MIX SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 May 2022
Case Number
BA-12ANCC-20-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (debt/guarantee) / Judgment on Appeal (decision Affirming Summary Judgment)
Outcome
Appeal dismissed; High Court affirms Sessions Court summary judgment
Legal Topics
Summary Judgment, Joint and Several Guarantee, Breach of Contract, Documentary Evidence, Costs
Source Language
Malay/English
Contract Guarantee Debt Recovery Civil Procedure Evidence Summary Judgment Joint and Several Guarantee Breach of Contract +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

SUSTAIN GEOTECHNICS SDN BHD

Appellant / Defendant

LAM YOOK LON

Appellant / Defendant

KHAW CHIN WAH

Appellant / Defendant

HI-TECH MIX SDN BHD

Respondent / Plaintiff

Procedural Posture

Civil Appeal (debt/guarantee) / Judgment on Appeal (decision Affirming Summary Judgment)

Legal Issues

  1. 1 Whether the plaintiff proved the debt by contemporaneous documents sufficient for summary judgment
  2. 2 Whether the joint and several guarantee was valid, continuing and enforceable against the guarantors
  3. 3 Whether the defendants raised any triable issue to defeat summary judgment

Ratio Decidendi

The plaintiff established the indebtedness by contemporaneous contractual and commercial documents and the guarantee was continuing; the defendants failed to adduce any contemporaneous evidence raising a triable issue; therefore summary judgment was properly entered.

Court Disposition

Appeal dismissed; High Court affirms Sessions Court summary judgment

Orders

  • Appeal dismissed with costs
  • Affirmed summary judgment in favour of respondent for RM951,580.17 jointly and severally against the defendants