Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Enforceability of guarantee clause
  • 4 Mar 2020

    Viva Venture PLT 1. Beh Joo Seong 2. Lee Lin Kwai

    Citation
    WA-12ANCVC-153-07/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12ANCVC-153-07/2019 (Mahkamah Tinggi)

    Clause 27 required an executed Guarantee Agreement within the notice period and did not operate as a deemed personal guarantee; there was no evidence of the required notification or execution of the Guarantee Agreement, plaintiff elected to proceed with the lease despite non-execution and thereby lost the contractual mechanism to enforce personal guarantees; a director’s signature on the Letter of Offer was in a representative capacity and did not bind him personally; the claim against the directors disclosed no reasonable cause of action and was properly struck out under Order 18 r 19 KKM 20…