Malaysia Case Law: Decisions & Judgments

Topic

Guarantee and indemnity liability

Legal area

Court

26 Aug 2024

IKHWAN NASIR BIN ABDUL RAHMAN MAYBANK ISLAMIC BERHAD

Citation

WA-12AM-5-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12AM-5-03/2024 (Mahkamah Tinggi)

The High Court affirmed summary judgment because D5 failed to raise a credible triable issue: he was bound by the signed Guarantee and Indemnity (which survives his resignation by express clause), discrepancies with the Offer Letter do not undermine the standalone Guarantee, indemnity arrangements among defendants do not affect the plaintiff's right to enforce the Guarantee, and the Certificate of Indebtedness coupled with default judgment is conclusive evidence of quantum absent any demonstrated manifest error; therefore there was no real prospect of a bona fide defence and summary judgment…
6 Aug 2024

AMBANK ISLAMIC BERHAD 1. ) EMRAZ TRAVEL & TOURS SDN BHD 2. ) MAZUIN BINTI MUSTAFA 3. ) ZULKARNAIN BIN ENDUT

Citation

WA-22M-9-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-9-01/2024 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 preconditions; defendants failed to raise credible, particularised triable issues—service was effective under contractual notice and proof of posting, judicial notice established licence revocation but contractual clauses (Clause 11 and event of default Clause 13.1(n)) and the self‑induced nature of the revocation preclude frustration, and the certificate of indebtedness together with conclusive evidence clauses establish the quantum absent manifest error; summary judgment granted against 2nd and 3rd defendants with costs.
28 May 2021

Pac Lease Berhad TMT Industry Sdn Bhd & 4 Lagi

Citation

WA-22NCC-30-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-30-01/2021 (Mahkamah Tinggi)

Plaintiff met Order 14 preliminary requirements and established a prima facie case; defendants failed to raise any triable issue on affidavit that would require a full trial; guarantors are jointly and severally liable under the Guarantee and Indemnity Agreement; therefore summary judgment was appropriate in favour of the plaintiff with costs.

Malaysia Case Law

IKHWAN NASIR BIN ABDUL RAHMAN MAYBANK ISLAMIC BERHAD

AMBANK ISLAMIC BERHAD 1. ) EMRAZ TRAVEL & TOURS SDN BHD 2. ) MAZUIN BINTI MUSTAFA 3. ) ZULKARNAIN BIN ENDUT

Pac Lease Berhad TMT Industry Sdn Bhd & 4 Lagi