Malaysia Case Law: Decisions & Judgments

Topic

Guarantee enforceability

Legal area

Court

27 Jul 2023

RHB BANK BERHAD 1. ) LKW INDUSTRIAL SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE

Citation

WA-22NCC-451-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-451-09/2022 (Mahkamah Tinggi)

The court held that the Fourth Offer merely restructured existing facilities and the guarantees expressly covered restructurings, the certificates of indebtedness were conclusive absent manifest error, the notice provisions allowed interest variations, and there were no triable issues; accordingly summary judgment for the plaintiff and strike out of the counterclaim were justified.
27 Jul 2023

RHB BANK BERHAD 1. ) LKW INDUSTRIAL SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE

Citation

WA-22NCC-451-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-451-09/2022 (Mahkamah Tinggi)

The guarantees expressly extended to liabilities arising from restructurings and the Fourth Offer incorporated existing securities; the interest variations were compliant with contractual notice provisions; the facilities were on‑demand and the termination notices were valid; certificates of indebtedness were conclusive absent pleaded manifest error; the defendants raised no triable issues and their counterclaim was frivolous; accordingly summary judgment and strike out were warranted.
22 Sept 2022

MALAYSIA DEBT VENTURES BERHAD 1. ) ALGAETECH INTERNATIONAL SDN BHD 2. ) DATO' PADUKA SYED ISA BIN SYED ALWI 3. ) ASMADI BIN MD. SAID 4. ) ABDUL HAFIZ MAHMOOD BIN HISHAM 5. ) SHEEZRIFAH BINTI ISHAK 6. ) BOBBY RONALD 7. ) LM GREENTECH SDN BHD

Citation

WA-22M-688-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-688-09/2019 (Mahkamah Tinggi)

The court held that the plaintiff proved entitlement to recover under the Guarantees: the guarantors failed to establish duress or undue influence, consideration existed linked to the grant of Facilities, profit rates were accepted and not shown to be excessive, the appointment of a receiver was not mala fide, and the plaintiff had capacity to provide Shariah financing; accordingly the counterclaim was dismissed and judgment entered for the plaintiff against the 2nd, 4th and 6th defendants with costs awarded as specified.
20 Oct 2021

UNIQUE MIX SDN. BHD. (COMPANY NO.: 55230-T) 1. GOLDPAGE ASSETS SDN. BHD. (COMPANY NO.: 55230-T) 2. MOHAMAD YUSOF BIN ISHAK (NRIC NO.: 800203-07-5295) 3. HOW MI MI @ HO MI MI (NRIC NO.: 711230-05-5340)

Citation

WA-22NCC-171-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-171-04/2019 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden of proof that the First Defendant purchased the goods or received the invoices/delivery orders and failed to prove payments; given that failure the Court could not hold the Second and Third Defendants liable under the Guarantee and dismissed the Plaintiff's claim against them.
26 Aug 2020

MAXPROM BINA SDN BHD & 2 OTHERS SETIAMIX SDN BHD

Citation

BA-12ANCVC-195-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCVC-195-11/2019 (Mahkamah Tinggi)

Plaintiff met Order 14 requirements and produced contemporaneous documentary evidence (trade credit application, signed joint and several guarantee, invoices, delivery orders, debit notes, notice of demand) together with the defendants' admission by issuing post-dated cheques; defendants' contentions were unsupported, inconsistent, afterthoughts or contradicted by documents and therefore did not amount to bona fide triable issues, so summary judgment was properly entered for the plaintiff.

Malaysia Case Law

RHB BANK BERHAD 1. ) LKW INDUSTRIAL SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE

RHB BANK BERHAD 1. ) LKW INDUSTRIAL SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE

MALAYSIA DEBT VENTURES BERHAD 1. ) ALGAETECH INTERNATIONAL SDN BHD 2. ) DATO' PADUKA SYED ISA BIN SYED ALWI 3. ) ASMADI BIN MD. SAID 4. ) ABDUL HAFIZ MAHMOOD BIN HISHAM 5. ) SHEEZRIFAH BINTI ISHAK 6. ) BOBBY RONALD 7. ) LM GREENTECH SDN BHD

UNIQUE MIX SDN. BHD. (COMPANY NO.: 55230-T) 1. GOLDPAGE ASSETS SDN. BHD. (COMPANY NO.: 55230-T) 2. MOHAMAD YUSOF BIN ISHAK (NRIC NO.: 800203-07-5295) 3. HOW MI MI @ HO MI MI (NRIC NO.: 711230-05-5340)

MAXPROM BINA SDN BHD & 2 OTHERS SETIAMIX SDN BHD