Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Construction of consent order

  • 21 Feb 2025

    DEMURNI SDN BHD ZUIHAIMI BIN ISMAIL

    Citation
    PA-22NCC-1-01/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-22NCC-1-01/2021 (Mahkamah Tinggi)

    Paragraph 6 of the 3rd consent order is clear and unambiguous and creates a contract of guarantee under s.79 Contracts Act 1950 between Demurni (creditor), GMP (principal debtor) and Zuhaimi (surety); the material facts are undisputed so the Order 14A procedure is suitable and final to dispose of the suit; res judicata does not apply because the question decided was the construction/guarantee issue, not the separate issue of entering judgment; accordingly judgment is entered against defendant for the sums claimed with interest and costs.

  • 9 Aug 2024

    DEMURNI SDN BHD ZUIHAIMI BIN ISMAIL

    Citation
    PA-22NCC-1-01/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-22NCC-1-01/2021 (Mahkamah Tinggi)

    Paragraph 6 of the 3rd Consent Order, which was signed and agreed by Defendant, unambiguously constitutes a contract of guarantee within section 79 Contracts Act 1950; the material facts are undisputed and suitable for determination under Order 14A; therefore the court answers the posed question in the affirmative, enabling Plaintiff to apply for judgment against Defendant for the outstanding judgment sum and interest; Defendant is liable as guarantor co-extensive with the principal debtor's liability.