Malaysia Case Law: Decisions & Judgments

Topic

Guarantee enforcement

Legal area

Court

26 Nov 2025

SENA TRAFFIC SYSTEMS SDN. BHD. 1. ) AR-RIFQI SDN. BHD. 2. ) ZAIMIL AZHAR BIN ZAINAL 3. ) ITMAX SYSTEMS SDN BHD 4. ) Tan Sri Tan Boon Hock 5. ) Sharifah Maizura Binti Syed Mohamad Rithuan 6. ) RONY ZHANG 7. ) ZHANG ZIYANG 8. ) SENA TRAFFIC S

Citation

BA-22NCC-118-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-118-06/2025 (Mahkamah Tinggi)

The plaintiff established an indisputable commercial debt supported by purchase orders, delivery orders and invoices; AR-Rifqi and Dato' Zaimil failed to produce contemporaneous evidence or credible material raising bona fide triable issues; Dato' Zaimil is bound by the unconditional Letter of Guarantee he signed; the counterclaim against ITMAX and Tan Sri lacks necessary particulars, overt acts and factual nexus and therefore discloses no reasonable cause of action and is an abuse of process, warranting summary judgment against AR-Rifqi and Dato' Zaimil and striking out of the counterclaims…
24 Sept 2025

KAWAN ENGINEERING SDN BHD 1. ) NYEW KAM CHENG 2. ) TAN MEE YUAN

Citation

BA-22NCC-159-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-159-11/2023 (Mahkamah Tinggi)

The Letter of Guarantee was duly executed and enforceable against the Defendants; the alleged Loan & Caretaking Agreement was not binding on the Plaintiff and did not discharge the Defendants; although the Certificate of Indebtedness is not conclusive, the Plaintiff independently proved the quantum of RM2,326,676.05 on the balance of probabilities, so judgment is entered for the Plaintiff.
20 Dec 2024

LEE KIM KEONG 1. ) CARPET PRIMA SDN BHD 2. ) DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND 3. ) RAJESH A/L JAIKISHAN

Citation

WA-A52NCvC-307-04/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-307-04/2021 (Mahkamah Sesyen)

Defendants failed to discharge the burden of proof to show factual inability to perform caused by government measures under Act 829; therefore the tenancy was not frustrated, the guarantee remained enforceable, the tenant's deposit was automatically forfeited under clause 3(y) and set off against arrears, and judgment is entered for the plaintiff for arrears, interest and costs.
25 Jun 2024

PUBLIC BANK BERHAD GAN THIAN LEONG

Citation

WA-22NCC-559-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-559-08/2023 (Mahkamah Tinggi)

Public Bank established a prima facie case on the basis of facility documents, continuing guarantees and certificates of indebtedness; the defendants' allegations of unconscionability and misrepresentation were unsubstantiated, inconsistent with contemporaneous documents and inherently improbable, and the existence of judicial management and receivers did not preclude simultaneous enforcement against guarantors; therefore no triable issues existed and summary judgment was granted except as to BG Beta (1st defendant in Suit 560) where proceedings could not continue due to pending judicial mana…
6 May 2024

SELANGOR INDUSTRIAL CORPORATION SDN. BHD. 1. ) HADHARI RESOURCES SDN. BHD. 2. ) AZMAWI BIN ISMAIL 3. ) ANIS AZLINA BINTI AHMAD FUAD

Citation

WA-22NCC-641-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-641-09/2023 (Mahkamah Tinggi)

Summary judgment was refused against the Second and Third Defendants because the Plaintiff failed to prove issue for enforcement of the Guarantee (no evidence of notice of demand to guarantors); conditional leave to defend was granted to the First Defendant because the defences did not disclose a bona fide defence but raised issues warranting trial, and the First Defendant was ordered to pay specified sums within 30 days failing which judgment would be entered against it.
4 Sept 2023

BANK ISLAM MALAYSIA BERHAD 1. ) BURWOOD GROUP LIMITED 2. ) ROBERT KOKSHOORN 3. ) ANTHONY RICHARD WHITHAM 4. ) GEORGE MAVROGENIS 5. ) OOI JOO FONG 6. ) DATO' MOHD SALLEH BIN YEOP ABDUL RAHMAN 7. ) STEPHEN KEITH LAVENDER 8. ) BPA GROUP LIMITE

Citation

WA-22M-290-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-290-06/2022 (Mahkamah Tinggi)

The Statement of Account, served in accordance with the Restructuring Facility Agreement and not disputed, constituted conclusive proof of the 1st Defendant's indebtedness; the 1st Defendant failed to identify any manifest error or produce evidence of the alleged dividends or other set-offs and therefore failed to raise any triable issue to defeat the Plaintiff's O.14 application; settlement negotiations did not enlarge the timeline or prevent issuance of notices of demand.
4 Oct 2021

1. ) GOGUNG FUSION RESTAURANT (KLCC) SDN BHD (COMPANY NO: 968520-P) 2. ) HWANG IL ROK (NRIC NO: 530228-89-5049) 3. ) KIM CHUN AIL (NRIC NO: 531010-89-5016) SURIA KLCC SDN BHD [REGISTRATION NO: 199001017281 (208950-T)]

Citation

WA-12ANCvC-116-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-116-04/2021 (Mahkamah Tinggi)

Appeal dismissed: summary judgment was proper because Respondent commenced proceedings before the COVID-19 Act came into effect and section 10 preserved those proceedings; Appellants failed to demonstrate any bona fide triable defence (no force majeure clause, no estoppel, security deposit properly available under lease, guarantees enforceable, mediation not mandatory, and no breach of quiet enjoyment), therefore there were no real issues requiring trial.
26 Apr 2021

BINA-PILE INDUSTRIES SDN BHD EUROLAND & DEVELOPMENT SDN BHD

Citation

12BNCC-16-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

12BNCC-16-07/2020 (Mahkamah Tinggi)

Clause 17 of the Guarantee rendered the judgment in default against the Main Contractor and the accompanying statement of account binding and conclusive as against the Respondent; the Respondent did not discharge the burden of disproving the indebtedness; invoices and statements of account sufficed as evidence of delivery in the absence of manifest error, therefore the Sessions Court was plainly wrong and the appeal is allowed.
4 Jan 2021

1. ) ARMADA TPCE SDN BHD 2. ) WASI KHAN @ WASIYU ZAMA BIN ISRAR AHMAD SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

Citation

WA-22M-58-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-58-01/2020 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 requisites; the deponent had sufficient personal knowledge; the certified statement of indebtedness was binding and no manifest error was shown; alleged wrong payment and other factual disputes did not constitute bona fide triable issues because contractual priority, assignment and set-off provisions and absence of claim by the payer meant the bank's entitlement was unaffected; Commodity Murabahah financing documentation was valid and the guarantee was unconditional and enforceable, therefore summary judgment was appropriate against the 1st and 4th defendants.
8 Sept 2020

Samlem Trading Sdn Bhd (No. Syarikat: 1170794-W) 1. Welley Timber Industries Sdn Bhd (No. Syarikat: 726389-M) 2. Tang Boon Tong (No. K/P: 710503-07-5781) 3. Beh Hock Seng (No. K/P: 760719-07-5321)

Citation

PA-22NCvC-234-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-234-11/2019 (Mahkamah Tinggi)

Defendants failed to establish any triable defence of fraud, illegality or failure of consideration and relied on afterthought or equivocal affidavits inconsistent with contemporaneous documents; the post-dated cheques constituted an acknowledgment of debt and entitled the plaintiff to summary judgment for RM1,388,473.36 against the 1st defendant; the joint and several guarantee executed by the 2nd and 3rd defendants was valid and enforceable and there was demand and consideration sufficient to hold guarantors liable and no triable issue was shown to defeat enforcement of the guarantee.