Malaysia Case Law: Decisions & Judgments

Topic

Guarantee/surety liability

Legal area

Court

9 Dec 2024

MYCREATIVE VENTURES SDN. BHD. 1. ) VISION ANIMATION SDN. BHD. 2. ) LOW HUOI SEONG

Citation

WA-22NCC-459-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-459-07/2024 (Mahkamah Tinggi)

The SSA and the Letter of Undertaking, when read together, impose a direct and immediate obligation on the 2nd Defendant to pay the Redemption Amount upon the 1st Defendant's failure to redeem; the wording is unconditional, the Plaintiff established default and a certificate of indebtedness, and no triable issues exist as to notice, time extensions, co-surety or commercial intent — therefore summary judgment is appropriate and the striking out application fails.
21 Sept 2023

MYDECOR MARKETING SDN. BHD. 1. ) TAI WENG CONSTRUCTION & ENGINEERING SDN BHD 2. ) WONG YEW WOH

Citation

BB-B52NCvC-31-04/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-B52NCvC-31-04/2023 (Mahkamah Sesyen)

Plaintiff satisfied the procedural and evidential requirements for an Order 14 judgment by proving supply, delivery/receipt (including partial payment) and existence of a corporate guarantee; defendants failed to raise any bona fide triable issue and their JM application did not operate to stay these proceedings (application filed after plaintiff's application and no JM order in place); therefore summary judgment under Order 14 was appropriate and granted with costs RM2,000.
17 May 2023

CHE NORMAH BT CHE KERMA 1. ) ACE CREDIT (M) SDN. BHD. 2. ) CHOONG CHEE MENG 3. ) Chang Ai Nee

Citation

WA-22NCC-503-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-503-10/2022 (Mahkamah Tinggi)

On construction of the agreement it is an investment agreement, not an illegal moneylending transaction; D1 breached by failing to pay the Investment Redemption Sum, and its extension letters and part payments constitute unequivocal acknowledgements of debt; D2 and D3 executed continuing guarantees and are jointly and severally liable; defendants failed to raise any bona fide triable issue or show consent was absent under s.86 such as would discharge the sureties; accordingly summary judgment was entered against D2 and D3 while proceedings against D1 were adjourned due to pending judicial man…
4 Mar 2021

ANANDARAJ A/L S. THAVARAJ MISC BERHAD

Citation

WA-11ANCVC-60-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11ANCVC-60-08/2020 (Mahkamah Tinggi)

Cause of action accrued upon the employer's demand under the express on‑demand clause (clause 5.2), so the action commenced within the six‑year limitation period; D1 breached the Cadetship Agreement by resigning and abandoning the Training Course, making D1 liable and D2/D3 jointly and severally liable as sureties for the stipulated RM70,000 compensation; the compensation clause is enforceable absent cogent evidence of unreasonableness; no triable issue existed and summary judgment was properly entered, so the appeals were dismissed.

Malaysia Case Law

MYCREATIVE VENTURES SDN. BHD. 1. ) VISION ANIMATION SDN. BHD. 2. ) LOW HUOI SEONG

MYDECOR MARKETING SDN. BHD. 1. ) TAI WENG CONSTRUCTION & ENGINEERING SDN BHD 2. ) WONG YEW WOH

CHE NORMAH BT CHE KERMA 1. ) ACE CREDIT (M) SDN. BHD. 2. ) CHOONG CHEE MENG 3. ) Chang Ai Nee

ANANDARAJ A/L S. THAVARAJ MISC BERHAD