9 Jun 2022
WA-22M-169-08/2021 (Mahkamah Tinggi)
- Citation
- WA-22M-169-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-169-08/2021 (Mahkamah Tinggi)
The Letter of Undertaking, by its plain wording, was limited to covering any deficit/shortfall on an instalment and to ensuring instalments were paid according to schedule; it did not create liability for the whole outstanding loan balance. When the Bank elected to recall and terminate the loan in January 2020 there were no further instalments to which the undertaking could apply, so the Defendant's monetary obligation under the undertaking ceased. The Plaintiff could not import a broader liability into the undertaking or rely on post‑pleading affidavit material to cure pleading defects; acco…