12 Dec 2024
1. ) JAFFA ROGER DAWKINS 2. ) RABIATUL ADAWIYYAH BINTI MOHMAD 3. ) HARRIS LUQMAN GROUP SDN BHD PELORUS HOLDING SDN. BHD.
- Citation
- B-02(NCvC)(W)-2336-12/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- B-02(NCvC)(W)-2336-12/2022 (Mahkamah Rayuan)
The Court of Appeal held that the personal guarantee signed by the first and second appellants was valid and enforceable and the High Court's finding on that point is affirmed; however, claims that belonged to the JV company (RM1,188,691.94 and RM1,213,060.00) and the unparticularised RM516,972.02 claim were claims of the company and could not be pursued by the respondent in its personal capacity absent proper corporate resolutions, so those parts of the High Court judgment were set aside; the third appellant was not liable for sums attributable to actions by the directors as individuals; mat…