Malaysia Case Law: Decisions & Judgments

Topic

Letter of guarantee

Legal area

Court

26 Nov 2025

SENA TRAFFIC SYSTEMS SDN. BHD. 1. ) AR-RIFQI SDN. BHD. 2. ) ZAIMIL AZHAR BIN ZAINAL 3. ) ITMAX SYSTEMS SDN BHD 4. ) Tan Sri Tan Boon Hock 5. ) Sharifah Maizura Binti Syed Mohamad Rithuan 6. ) RONY ZHANG 7. ) ZHANG ZIYANG 8. ) SENA TRAFFIC S

Citation

BA-22NCC-118-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-118-06/2025 (Mahkamah Tinggi)

The plaintiff established an undisputed commercial debt supported by purchase orders, delivery orders and invoices; AR-Rifqi produced no contemporaneous evidence of protest or documents to support allegations of coercion or an additional agreement and thus failed to raise bona fide triable issues; the Letter of Guarantee signed by Dato' Zaimil was clear and unconditional and no vitiating factors were pleaded or proven; the Counterclaim against ITMAX and Tan Sri failed to plead the essential elements of conspiracy with particularity and was a speculative abuse of process; accordingly summary j…
26 Nov 2025

SENA TRAFFIC SYSTEMS SDN. BHD. 1. ) AR-RIFQI SDN. BHD. 2. ) ZAIMIL AZHAR BIN ZAINAL 3. ) ITMAX SYSTEMS SDN BHD 4. ) Tan Sri Tan Boon Hock 5. ) Sharifah Maizura Binti Syed Mohamad Rithuan 6. ) RONY ZHANG 7. ) ZHANG ZIYANG 8. ) SENA TRAFFIC S

Citation

BA-22NCC-118-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-118-06/2025 (Mahkamah Tinggi)

The Plaintiff established an undisputed commercial debt supported by documentary evidence and receipt of goods; AR-Rifqi and Dato' Zaimil failed to adduces contemporaneous or credible evidence to raise bona fide triable issues to resist summary judgment; Dato' Zaimil is bound by the Letter of Guarantee he signed absent pleaded or proven vitiating factors; the Counterclaim against ITMAX and Tan Sri lacked the necessary particulars, overt acts and nexus and therefore disclosed no reasonable cause of action and was an abuse of process; accordingly summary judgment entered for the Plaintiff again…
26 Nov 2025

SENA TRAFFIC SYSTEMS SDN. BHD. 1. ) AR-RIFQI SDN. BHD. 2. ) ZAIMIL AZHAR BIN ZAINAL 3. ) ITMAX SYSTEMS SDN BHD 4. ) Tan Sri Tan Boon Hock 5. ) Sharifah Maizura Binti Syed Mohamad Rithuan 6. ) RONY ZHANG 7. ) ZHANG ZIYANG 8. ) SENA TRAFFIC S

Citation

BA-22NCC-118-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-118-06/2025 (Mahkamah Tinggi)

The plaintiff proved an undisputed commercial debt by objective documentary evidence (purchase orders, delivery orders, invoices) and receipt of goods; defendants failed to produce contemporaneous evidence or particulars to establish coercion, an Additional Agreement or any vitiating factor affecting the guarantor; the Letter of Guarantee is enforceable against the signatory absent fraud, misrepresentation or duress; the Counterclaim lacks essential pleaded particulars and overt acts and is therefore an abuse of process — summary judgment entered for plaintiff against AR‑Rifqi and guarantor a…
24 Sept 2025

KAWAN ENGINEERING SDN BHD 1. ) NYEW KAM CHENG 2. ) TAN MEE YUAN

Citation

BA-22NCC-159-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-159-11/2023 (Mahkamah Tinggi)

The Letter of Guarantee was duly executed and enforceable against the Defendants; the alleged Loan & Caretaking Agreement was not binding on the Plaintiff and did not discharge the Defendants; although the Certificate of Indebtedness is not conclusive, the Plaintiff independently proved the quantum of RM2,326,676.05 on the balance of probabilities, so judgment is entered for the Plaintiff.
22 Jan 2025

1. ) DENG CHENGLIANG 2. ) XIE YONG 1. ) Levin Tan Eu Sheng [Nod At Encl. 19] 2. ) TAN TIONG KIAT

Citation

WA-22NCC-216-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-216-04/2024 (Mahkamah Tinggi)

The court ordered a partial stay: claims arising under the Share Sale Agreement were stayed and referred to arbitration under s10 AA2005 because Clause 10.3 constituted a valid arbitration agreement; claims arising under the separate Letter of Guarantee were not stayed because the guarantee created an independent obligation and expressly conferred jurisdiction on the Courts of Malaysia, and the arbitration clause could not be read as incorporating the guarantee by plain wording.
21 Aug 2023

KGFC (MALAYSIA) SDN. BHD. 1. ) CHEQUERS HOTEL SDN. BHD. 2. ) NG MEI MEI 3. ) LEE CHOON PENG

Citation

WA-22NCvC-824-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-824-12/2020 (Mahkamah Tinggi)

The application for summary judgment was dismissed because the pleadings disclosed triable issues — specifically the disputed Power of Attorney arrangement and the unresolved accounting dispute concerning GTSB's alleged indebtedness — and the plaintiff failed to establish a clear and undeniable claim on the pleadings.
28 Jul 2023

Kok Low Kau 1. ) VISIBER SDN BHD 2. ) Hew Choong Jeng 3. ) Eng Chip Jin 4. ) Lai Suen Seng 5. ) Kwan Hep Chuen 6. ) Tan Boon Jin

Citation

BA-22NCvC-576-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-576-12/2019 (Mahkamah Tinggi)

The SPA and the LOGs are separate and independent transactions; contemporaneous written documents (SPA and successive LOGs) control and contradict the Plaintiff’s back‑to‑back allegation; Plaintiff repeatedly accepted and/or signed subsequent LOGs containing supersession clauses and received benefits (including shares), so earlier guarantees were effectively varied or discharged and Plaintiff is estopped from denying them; title to the land vested in Defendant 1 by registration and Plaintiff failed to prove entitlement to reliefs, therefore claim dismissed and Defendants' counterclaim allowed…
3 May 2023

JACKY AND JACKY CONSTRUCTION YAP KEN NAN

Citation

AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)

Plaintiff met the procedural and substantive prerequisites for summary judgment; the defendant's explanations were held to be sham/afterthoughts, failed to raise any triable issue and thus did not rebut the plaintiff's affidavit; accordingly discovery of the specified bank statements was ordered and summary judgment for RM700,000 was entered against the defendant with costs.
30 Sept 2019

MALAYAN BANKING BERHAD 1. CENMAL COMMERCIAL SDN. BHD. 2. LEE KIM TIONG @ LEE KIM YEW 3. WORK @ H SDN. BHD.

Citation

WA-22NCC-548-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-548-11/2018 (Mahkamah Tinggi)

The Defendants failed to raise any bona fide triable issues supported by contemporaneous documents or evidence; the Letter of Guarantee and Letter of Undertaking created enforceable on‑demand obligations binding the Second and Third Defendants; the Plaintiff proved default and entitlement to judgment on affidavit and exhibits under O.14; summary judgment was therefore appropriate.
18 Mar 2019

MEGA MEISA SDN BHD & 2 LAGI MUSTAPAH BIN DORANI

Citation

W-02(NCVC)(W)-395-02/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

W-02(NCVC)(W)-395-02/2018 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: the plaintiff had locus standi as trustee/representative via caveat; the SPA and JVA are interrelated and read together; evidence established actual fraud by the defendants in obtaining registration so the registered title was defeasible under s340(2) NLC; limitation did not bar the claim because of fraud; consequently the transfers were set aside and the plaintiff entitled to RM2,146,000 and transfer relief; appeals dismissed.