8 Sept 2020
Samlem Trading Sdn Bhd (No. Syarikat: 1170794-W) 1. Welley Timber Industries Sdn Bhd (No. Syarikat: 726389-M) 2. Tang Boon Tong (No. K/P: 710503-07-5781) 3. Beh Hock Seng (No. K/P: 760719-07-5321)
- Citation
- PA-22NCvC-234-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-234-11/2019 (Mahkamah Tinggi)
Defendants failed to establish any triable defence of fraud, illegality or failure of consideration and relied on afterthought or equivocal affidavits inconsistent with contemporaneous documents; the post-dated cheques constituted an acknowledgment of debt and entitled the plaintiff to summary judgment for RM1,388,473.36 against the 1st defendant; the joint and several guarantee executed by the 2nd and 3rd defendants was valid and enforceable and there was demand and consideration sufficient to hold guarantors liable and no triable issue was shown to defeat enforcement of the guarantee.