Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Order 14a disposal on point of law

Legal area

Court

9 Aug 2024

DEMURNI SDN BHD ZUIHAIMI BIN ISMAIL

Citation

PA-22NCC-1-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCC-1-01/2021 (Mahkamah Tinggi)

Paragraph 6 of the 3rd Consent Order, which was signed and agreed by Defendant, unambiguously constitutes a contract of guarantee within section 79 Contracts Act 1950; the material facts are undisputed and suitable for determination under Order 14A; therefore the court answers the posed question in the affirmative, enabling Plaintiff to apply for judgment against Defendant for the outstanding judgment sum and interest; Defendant is liable as guarantor co-extensive with the principal debtor's liability.
2 May 2023

1. ) Dato Dr Ng Meng Kee 2. ) Ng Meng Poh Rightlink Capital Sdn Bhd

Citation

W-02(IM)(NCvC)-1012-06/2022 (Mahkamah Rayuan)
Court

IM
Case number

W-02(IM)(NCvC)-1012-06/2022 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court's exercise of discretion to dismiss the Order 14A applications because the issues of whether the services constituted 'regulated activities' and whether a licence was required were intertwined with contested factual matters and voluminous documentary and potentially expert evidence; therefore the questions could not be decided summarily on the pleadings and required a full trial; no appellate misdirection was shown.