Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Bank guarantee independence

Legal area

Court

4 Jul 2024

HSBC BANK MALAYSIA BERHAD 1. ) MATTAN ENGINEERING SDN BHD 2. ) TAN TIONG KIAT 3. ) LEVIN TAN EU SHENG 4. ) MATTAN RESOURCES SDN BHD

Citation

BA-22NCC-50-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-50-03/2024 (Mahkamah Tinggi)

On the affidavits and pleadings before the court the defendants did not deny the existence or terms of the facility letters and security documents, the guarantees are independent where applicable, the plaintiff satisfied the Order 14 preliminaries and there are no triable issues; therefore summary judgment is appropriate.
11 Jan 2021

KINING EXETON SDN. BHD. 1. UNITED OVERSEAS BANK (MALAYSIA) BERHAD 2. MAJLIS PERBANDARAN KUANTAN

Citation

WA-22NCVC-691-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-691-10/2018 (Mahkamah Tinggi)

The court held the action was obviously unsustainable under Order 18 r19 because the injunctive relief sought in the statement of claim was identical to an earlier inter partes injunction application already refused; the bank had paid the guarantee after refusal, rendering claims against the bank academic; the underlying disputes fall within the contract's arbitration clause and must be resolved by arbitration; consequently there remained no reasonable cause of action against the defendants and the action was dismissed with costs.