CHUNG KHIAW BANK MALAYSIA BHD V RAJU JAYARAMAN KERPAYA
- Citation
- CHUNG KHIAW BANK MALAYSIA BHD V RAJU JAYARAMAN KERPAYA
- Court
- Malaysian court
The guarantee expressly extended liability to interest beyond the RM1,000,000 principal under clause 2(2), so the defendant remained liable for sums owed; banking practice supports an implied right to capitalise interest, which the court accepted; penalty/late interest was not recoverable absent express contract and was deducted; the certificate of indebtedness was not shown to be manifestly erroneous; a demand for a slightly larger amount did not invalidate the notice. On the balance of probabilities plaintiff proved its claim and judgment was entered for the plaintiff for RM1,638,520.64 wit…