8 Nov 2021
Small Medium Enterprise Development Bank Malaysia Berhad Kukup Ferry Terminal Sdn Bhd & 5 Lagi
- Citation
- WA-22NCC-711-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-711-12/2019 (Mahkamah Tinggi)
The plaintiff was not bound by the JBHC consent judgment as a non‑party; the Letter of Changes was expressly conditional on execution of new security documentation and therefore did not effect discharge; the guarantee agreements unambiguously required a written discharge by the bank; no new guarantees were executed and no written discharge issued; accordingly defendants 3,4 and 6 remain liable under their guarantees and the plaintiff's recovery claim succeeds.