11 Mar 2025
Goldbell Capital Sdn Bhd 1. ) ST Healthcare Group Sdn Bhd 2. ) Safarudin Bin Tambi
- Citation
- BA-22NCC-45-03/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-45-03/2024 (Mahkamah Tinggi)
Plaintiff was entitled to summary judgment because the HPA and Guarantee were valid and enforceable, Plaintiff proved delivery and default, D2 was liable as guarantor and principal debtor independent of D1's enforceability, and Defendants failed to plead or establish triable issues; the proposed amendment was irrelevant, constituted a new defence concerning a third party assignment not binding on Plaintiff, was late and tactical, and thus must be dismissed. Clause 15.3 permitted recovery of unpaid balance where Plaintiff could not resume possession.