Malaysia Case Law: Decisions & Judgments

Topic

Guarantor liability

Legal area

Court

10 Mar 2026

MAYBANK ISLAMIC BERHAD 1. ) KILANG AMANG ONN SDN. BHD. 2. ) MURUGAN A/L KRISNAN 3. ) PALA KUMARAN A/L V DANAPALAN 4. ) MANICKAM RAMESH 5. ) RAMESH VISHWA VINODHINI 6. ) CHANDRASEKARAN MADHANKUMAR

Citation

WA-B52M-2387-12/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52M-2387-12/2024 (Mahkamah Sesyen)

Service by registered post to the contractual address was valid and a regular judgment was entered; defendants failed to disclose a prima facie meritorious defence and did not demonstrate any manifest error in the certificate of indebtedness; unexplained delay in seeking to set aside the judgment further disentitled them; therefore the application to set aside the default judgment is dismissed with costs.
13 Jan 2026

PEMIUTANG PENGHAKIMAN RHB INVESTMENT BANK BERHAD PENGHUTANG PENGHAKIMAN LIM KIAN BOON

Citation

WA-29NCC-1069-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-1069-06/2024 (Mahkamah Tinggi)

The court held the Consent Order was a final and enforceable judgment within s.3(1)(i) IA, the SA and Supp SA preserved and did not vary or discharge the guarantors' liabilities, the parties had contracted out of ss.87,88,92 and 94 CA, the BN was sufficiently certain and supported by a Certificate of Indebtedness, any minimal excess interest did not invalidate the BN, and there were no further modes of execution to exhaust against the principal debtor so leave under s.5(3)(b) IA was properly granted; accordingly the creditor's appeals were allowed.
26 Jun 2025

OCBC BANK (MALAYSIA) BERHAD 1. ) VIP PASS INTERNATIONAL SDN BHD 2. ) JIT SINGH A/L SANTOKH SINGH 3. ) SANDEEP SINGH GREWAL

Citation

WA-B52NCC-2206-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-2206-10/2024 (Mahkamah Sesyen)

Plaintiff satisfied Order 14 preliminary requirements and produced a certificate of indebtedness creating a prima facie case; defendants only advanced bare denials and unsubstantiated assertions (including an unproven alleged release of a guarantor) and failed to raise any bona fide triable issues, therefore on the balance of probabilities summary judgment was appropriate and entered for the plaintiff.
12 Jun 2025

MTRUSTEE BERHAD 1. ) PERSONAL BANC BERHAD 2. ) DATUK MURUGAN A/L SUPPARAMANIAM

Citation

WA-B52NCvC-543-11/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-543-11/2023 (Mahkamah Sesyen)

Plaintiff met the requirements for summary judgment; defendants' alleged oral termination and set-off defences were unparticularised, inconsistent with the written agreements (which bar oral amendments), lacking precision and inherently improbable, therefore no triable issues existed and summary judgment was entered for the plaintiff on the claims in paragraphs 1(a)–(d) of the originating application.
10 Mar 2025

AFFIN BANK BERHAD 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN

Citation

WA-22NCC-222-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-222-04/2024 (Mahkamah Tinggi)

Summary judgment was appropriate because the plaintiff produced valid certificates of indebtedness under the facilities agreement and the defendants failed to present detailed, specific, and contemporaneously supported facts in their affidavit to establish triable issues; bare allegations and general denials were insufficient to defeat an Order 14 application.
10 Mar 2025

AFFIN BANK BERHAD 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN

Citation

WA-22NCC-225-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-225-04/2024 (Mahkamah Tinggi)

The court found the plaintiff produced valid Certificates of Indebtedness under the facilities agreement which are conclusive absent manifest error; the defendants' single short affidavit contained bare allegations and general denials without particulars and was inconsistent with contemporaneous documents; therefore the defendants failed to establish any triable issue and summary judgment for the plaintiff was properly granted with costs RM1,500.00.
6 Mar 2025

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Citation

WA-22NCC-364-10/2016 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-364-10/2016 (Mahkamah Tinggi)

Leave to execute was granted because the plaintiff identified the judgment and the outstanding debt, demonstrated that the delay was caused by negotiations and part payments by the judgment debtor (sufficient reason under Order 46 rule 3), and there was no concluded settlement or evidence that superseded or extinguished the judgment; therefore the exercise of discretion favored granting leave.
31 Jan 2025

GOH PIK HSIA 1. ) MELVIN ONG HAN LEE 2. ) CHOU FUI MEIN

Citation

CA-B52NCvC-19-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-B52NCvC-19-10/2024 (Mahkamah Sesyen)

Plaintiff satisfied the requirements for summary judgment under Order 14 by affidavit evidence and supporting documents establishing a prima facie debt of RM340,000; defendants failed to raise any bona fide triable issue (their allegations of sham, illegality under the Money Lenders Act, duress and third‑party blame were unsupported and amounted to empty denials or afterthoughts); therefore summary judgment was properly recorded against defendants and the plaintiff's application was allowed.
2 Jan 2025

LA LEISURE PTY LTD 1. ) SABRECRAFT MARINE SDN. BHD. 2. ) IPOH CASTING SDN. BHD. (DULUNYA DIKENALI SEBAGAI MEGASTRA JAYA SDN. BHD.) 3. ) Stephen John Stirrup

Citation

BA-22NCC-123-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-123-10/2021 (Mahkamah Tinggi)

Time for completion was set at large by the parties' conduct; the 1st Defendant unjustifiably stopped work in September 2019, failed to comply with contractual notice/termination provisions before selling the partially built Vessel, had no proven right to claimed variation invoices or storage charges, and thereby breached the Agreement; the 3rd Defendant is liable as guarantor under Clause 16; Plaintiff failed to prove loss of profits or total failure of consideration but proved wasted expenditure of AUD523,558.56, which is awarded against the 1st and 3rd Defendants jointly and severally.
24 Dec 2024

UNITED OVERSEAS BANK (MALAYSIA) BERHAD 1. ) UNITED JAYA SDN. BHD. 2. ) TEOH JUN AIK 3. ) LIM CHEE CHOW 4. ) TAN LAI HEE

Citation

BL-22NCC-8-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCC-8-05/2024 (Mahkamah Tinggi)

Plaintiff satisfied the requirements for summary judgment under Order 14 by filing supporting affidavits and a certificate of indebtedness; defendants failed to file any affidavit to challenge the certificate or raise a triable issue, therefore there was no triable issue and judgment was entered for the plaintiff with costs.