13 Jan 2021
1. ) PR BUILDERS SDN BHD 2. ) MOHAMMAD AZMI BIN DAUD 3. ) DATO' MOHD SHARIFF BIN IBRAHIM EXPORT-IMPORT BANK OF MALAYSIA BERHAD
- Citation
- WA-22M-224-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-224-05/2020 (Mahkamah Tinggi)
Plaintiff met the Order 14 prerequisites establishing a prima facie case on the guarantees and the defendants failed to demonstrate any bona fide triable issue: the arbitration clause in the Facility Agreement was not incorporated into the separate guarantee documents and thus did not oust the court's jurisdiction; the contractual notice provisions rendered the demands duly served and effective; the guarantees created joint and several liability permitting suit against specific guarantors; consequently summary judgment was justified and entered for the plaintiff.