18 Feb 2022
BANK PEMBANGUNAN MALAYSIA BERHAD KETHEESWARAN A/L M. KANAGARATNAM
- Citation
- B-02(IM)(NCC)-1302-09/2020 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-02(IM)(NCC)-1302-09/2020 (Mahkamah Rayuan)
The Guarantee, by its clear terms, incorporated both a guarantee and an independent indemnity and contained a principal obligor clause and express exclusions of set-off, counterclaim and discharge by creditor acts; the respondent thereby assumed primary liability and contracted away equitable protections; the Bank's statement of account was prima facie conclusive; accordingly there were no triable issues preventing summary judgment and the High Court decision was set aside.