Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fraud by third parties
  • 2 Jun 2022

    MALAYAN BANKING BERHAD TAN KE XIOU

    Citation
    WA-12BNCC-3-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12BNCC-3-02/2022 (Mahkamah Tinggi)

    The appeal was allowed because on proper construction the Guarantee did not infringe s22: clause 4 limited the guarantor's liability to that of the hirer and clause 11 permitted severance of any offending provision, so clause 3 could not render the Guarantee void; allegations of fraud by third parties did not affect the Plaintiff who was not privy to them and the guarantor failed to give evidence; default judgment against the hirer and the certificate/statements established indebtedness, entitling the Plaintiff to judgment and costs.