SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD (No. Syarikat : 49572-H) 1. SKETCH SEVEN SDN BHD (No. Syarikat : 580297-P) 2. ZURAIDI EFFENDI BIN ABDUL RAHMAN (No. KP : 731101-10-7573) 3. AZLAN BIN ABU BAKAR (No. KP: 620417-10-6263

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD (No. Syarikat : 49572-H) 1. SKETCH SEVEN SDN BHD (No. Syarikat : 580297-P) 2. ZURAIDI EFFENDI BIN ABDUL RAHMAN (No. KP : 731101-10-7573) 3. AZLAN BIN ABU BAKAR (No. KP: 620417-10-6263

The court accepted the Plaintiff's documentary trail and the credible testimony of the solicitor witness who witnessed execution, found the Defendants' denials and late allegations of forgery unsubstantiated in absence of contemporaneous signature samples or expert evidence, and on the balance of probabilities held...

Source-derived case information.

Citation
WA-22NCC-455-10/2018 (Mahkamah Tinggi)
Parties
Plaintiff: SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD; First Defendant: SKETCH SEVEN SDN BHD; Second Defendant: ZURAIDI EFFENDI BIN ABDUL RAHMAN; Third Defendant: AZLAN BIN ABU BAKAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 November 2019
Case Number
WA-22NCC-455-10/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Debt Recovery (commercial) / Judgment at Trial
Outcome
Judgment for Plaintiff against the 2nd and 3rd Defendants; counterclaim dismissed
Legal Topics
Guarantor Liability, Forgery Allegation, Witness Credibility, Admissibility of Documents, Interest and Costs
Contract Guarantee Evidence Company Law Banking and Finance Civil Procedure Guarantor Liability Forgery Allegation +3 more

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Parties

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

Plaintiff

SKETCH SEVEN SDN BHD

First Defendant

ZURAIDI EFFENDI BIN ABDUL RAHMAN

Second Defendant

AZLAN BIN ABU BAKAR

Third Defendant

Procedural Posture

Civil Debt Recovery (commercial) / Judgment at Trial

Legal Issues

  1. 1 Whether the 2nd and 3rd Defendants were liable as guarantors under the Joint and Several Guarantee and Indemnity Agreement
  2. 2 Whether the signatures of the 2nd and 3rd Defendants on the security documents were forged
  3. 3 Whether the Plaintiff proved the debt and quantum due from the 1st Defendant and guarantors

Ratio Decidendi

The court accepted the Plaintiff's documentary trail and the credible testimony of the solicitor witness who witnessed execution, found the Defendants' denials and late allegations of forgery unsubstantiated in absence of contemporaneous signature samples or expert evidence, and on the balance of probabilities held the 2nd and 3rd Defendants liable as guarantors for RM1,635,923.42 plus interest and costs; the counterclaim was dismissed.

Court Disposition

Judgment for Plaintiff against the 2nd and 3rd Defendants; counterclaim dismissed

Orders

  • Judgment for Plaintiff against the 2nd and 3rd Defendants in the sum of RM1,635,923.42
  • Interest at 5% per annum from 7 September 2018 until full realisation