Malaysia Case Law: Decisions & Judgments

Topic

Forbearance

Legal area

Court

13 Aug 2025

SIM CHENG YOUNG DATUK WIRA RANJEET SINGH SIDHU

Citation

WA-22NCC-863-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-863-12/2024 (Mahkamah Tinggi)

The court found service was properly effected despite a typographical error corrected by affidavit of correction, the JID was regularly obtained, the JDS did not vary or extinguish the guarantor's independent liability, the Plaintiff's forbearance constituted valid consideration for the Personal Guarantee, and the Defendant disclosed no bona fide triable defence; therefore the application to set aside the JID was dismissed and costs awarded to the Plaintiff.
21 Jan 2020

1. ) WSJ INTERNATIONAL SDN BHD 2. ) NOR RAIHAN BINTI AHMAD KAMARUDIN 3. ) IQBAL BIN MOHD AYUB 4. ) MOHAMED BASIR BIN MAIDIN 5. ) RASHID BIN MAIDIN 6. ) MOHAMED IDRIS BIN MOHAMED 7. ) MOHAMED IZHAR BIN KHURSHED AHMAD 8. ) SELVARAJAN A/L MARU

Citation

WA-22M-233-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-233-04/2019 (Mahkamah Tinggi)

Summary judgment was granted because (1) the demands dated 8.1.2019 were properly deemed served under Clause 22.1 and were preceded by valid registered demands dated 4.1.2016 so service was not a triable issue, and (2) the guarantors were not released by payment of RM10,000,000 because they were not parties to the settlement and the Guarantees expressly preserved liability despite forbearance or compromise and imposed independent indemnity obligations.
1 Jan 1900

CJ Century Technology Sdn Bhd 1. Axisjaya Sdn Bhd 2. Seri Mutiara Development Sdn Bhd

Citation

WA-22NCC-271-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-271-07/2020 (Mahkamah Tinggi)

Defendants failed to adduce contemporaneous evidence or particulars to raise any genuine triable issues; signed delivery orders and invoices with objection windows, coupled with partial payments and silence, estopped defendants from disputing sums; the letters dated 26.8.2019 and 14.5.2020 were without-prejudice settlement proposals/forbearances and did not discharge the continuing corporate guarantee which expressly permitted indulgences and variations; accordingly summary judgment was appropriate to enter for the plaintiff for the outstanding debt and to enforce the guarantee.

Malaysia Case Law

SIM CHENG YOUNG DATUK WIRA RANJEET SINGH SIDHU

1. ) WSJ INTERNATIONAL SDN BHD 2. ) NOR RAIHAN BINTI AHMAD KAMARUDIN 3. ) IQBAL BIN MOHD AYUB 4. ) MOHAMED BASIR BIN MAIDIN 5. ) RASHID BIN MAIDIN 6. ) MOHAMED IDRIS BIN MOHAMED 7. ) MOHAMED IZHAR BIN KHURSHED AHMAD 8. ) SELVARAJAN A/L MARU

CJ Century Technology Sdn Bhd 1. Axisjaya Sdn Bhd 2. Seri Mutiara Development Sdn Bhd