Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Guarantee (letter of guarantee)
  • 30 Dec 2019

    MAT SHAH BIN SAFUAN AMBER MEMORY SDN BHD

    Citation
    JA-22NCVC-48-04/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-22NCVC-48-04/2018 (Mahkamah Tinggi)

    The court held that the deposit of the seven strata titles by Solaris Estates in the winding-up petition did not prevent the plaintiff from proceeding against the defendant on the Letter of Guarantee; the security was overtaken by the adjudication of bankruptcy of the registered owner and is subject to the Director General of Insolvency under the Insolvency Act 1967, and therefore cannot be equated to a charge that discharges the guarantor's liability. Accordingly the defendant's preliminary relief was refused, the trial was ordered to proceed without delay and the specific answers to the pos…