15 Nov 2022
KEDAH CEMENT SDN BHD 1. ) VIMIX CONCRETE SDN BHD 2. ) KONG KWAI FEI 3. ) CHUNG CHEE PENG
- Citation
- BA-22NCC-80-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-80-06/2020 (Mahkamah Tinggi)
The 3rd Defendant is not discharged because the Joint and Several Guarantee expressly permitted the creditor to grant time or enter into compromises without discharging guarantors (Clause 3) and preserved liabilities despite name changes (Clause 6); no written two-month revocation notice was ever given as required (Clause 7), and resignation as director does not effect automatic discharge; payments to a third party did not merge or release the indebtedness to the Plaintiff and therefore ss86-88 Contracts Act do not apply to discharge the guarantor in this factual matrix.