2 Jun 2022
MALAYAN BANKING BERHAD TAN KE XIOU
- Citation
- WA-12BNCC-3-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-3-02/2022 (Mahkamah Tinggi)
The appeal was allowed because on proper construction the Guarantee did not infringe s22: clause 4 limited the guarantor's liability to that of the hirer and clause 11 permitted severance of any offending provision, so clause 3 could not render the Guarantee void; allegations of fraud by third parties did not affect the Plaintiff who was not privy to them and the guarantor failed to give evidence; default judgment against the hirer and the certificate/statements established indebtedness, entitling the Plaintiff to judgment and costs.