10 Oct 2023
United Overseas Bank (China) Limited, Chengdu Branch Siow Kwang Joon @ Siow Kwong Shang
- Citation
- JA-22NCC-22-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCC-22-04/2019 (Mahkamah Tinggi)
On the balance of probabilities the Defendant failed to prove the existence of the alleged oral collateral agreement; even if such an agreement existed it would be barred by Section 92 of the Evidence Act 1950 because it contradicts or seeks to vary the unambiguous written personal guarantee. Therefore the written guarantee controls and the Plaintiff is entitled to judgment for the indebtedness shown in the certificate of indebtedness.