18 Oct 2024
Abdul Halim Bin Mohamad 1. ) Small Medium Enterprise Development Bank Malaysia Berhad 2. ) SMEB Asset Management Sdn Bhd 3. ) Xorix Sdn Bhd 4. ) Maryam Al-Batul Binti Azizuddin
- Citation
- WA-22NCC-857-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-857-11/2023 (Mahkamah Tinggi)
The guarantees were continuing personal obligations of the plaintiff and are not extinguished by sale of shares or resignation; the SSA did not bind the lenders absent their express agreement; the Vesting Order transferred rights to D2 and binds affected persons; silence by the lenders did not amount to acceptance or estoppel; no duty of care or fiduciary duty arose to compel substitution; the plaintiff's causes disclose no triable issues and the action is an abuse of process, warranting striking out with costs.