7 Dec 2023
DAGANGAN PETROLEUM SETIA 1. ) Y C H SDN BHD 2. ) CHAN WAI HONG 3. ) CHAN WAI CHEONG
- Citation
- WA-22NCC-551-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-551-10/2022 (Mahkamah Tinggi)
The court found no bona fide triable issue. The guarantee contained a principal debtor clause rendering the 2nd and 3rd defendants primarily liable independently of proceedings against the 1st defendant; the restraining order did not bar proceedings against guarantors per s.386(6)(b); allegations of delay and defective goods were unsupported, inconsistent with contemporaneous documents (delivery acknowledgements, invoices requiring prompt objections) and following part payments were estopped; accordingly summary judgment was entered for the plaintiff for the claimed sums with costs subject to…