17 May 2023
CHE NORMAH BT CHE KERMA 1. ) ACE CREDIT (M) SDN. BHD. 2. ) CHOONG CHEE MENG 3. ) Chang Ai Nee
- Citation
- WA-22NCC-503-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-503-10/2022 (Mahkamah Tinggi)
On construction of the agreement it is an investment agreement, not an illegal moneylending transaction; D1 breached by failing to pay the Investment Redemption Sum, and its extension letters and part payments constitute unequivocal acknowledgements of debt; D2 and D3 executed continuing guarantees and are jointly and severally liable; defendants failed to raise any bona fide triable issue or show consent was absent under s.86 such as would discharge the sureties; accordingly summary judgment was entered against D2 and D3 while proceedings against D1 were adjourned due to pending judicial man…