Malaysia Case Law: Decisions & Judgments

Topic

Guarantee liability

Legal area

Court

28 Jan 2026

PAC LEASE BERHAD 1. ) PARAGRENE LAND BERHAD (DAHULUNYA DIKENALI SEBAGAI PARAGRENE LAND SDN. BHD.) 2. ) WAN NASIR BIN WAN MUSTAFHA 3. ) WAN NOR HAYATI BINTI WAN MUSTAFHA 4. ) GREGORY AMOS YOON PENG SUM

Citation

WA-22NCC-366-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-366-06/2025 (Mahkamah Tinggi)

Defendants failed to raise any bona fide triable issues or to rebut the plaintiff's contemporaneous documentary evidence and statement of account; the guarantee's certificate of indebtedness clause renders the account conclusive absent manifest error or fraud; therefore summary judgment was warranted and entered for the plaintiff against the defendants.
14 Jan 2026

MAYBANK ISLAMIC BERHAD 1. ) EUROASIA FRONTIER SDN BHD 2. ) ERNA HARYANI BINTI AHMAD 3. ) SAIFULBAHRI BIN MOHAMED 4. ) NORAZLINA BINTI ALIAS 5. ) MD YASERI BIN MOHD ROHAM

Citation

BI-A52M-1-01/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-A52M-1-01/2025 (Mahkamah Sesyen)

The court found that Defendants fourth and fifth, having been directors and guarantors at the material time, had no meritorious defence to the claim under the Guarantee Agreement dated 11.8.2020; their denial of signature or knowledge was a bare denial insufficient to raise a triable issue, therefore summary judgment was granted for the plaintiff and costs awarded.
19 Dec 2025

Malaysia Debt Ventures Berhad 1. ) Platinum NanoChem Sdn. Bhd. 2. ) Platinum Green Chemicals Sdn. Bhd. 3. ) Antara Comodities (M) Sdn.Bhd. 4. ) Asian Food Ingredients Sdn.Bhd. 5. ) Anbananthan A/L Shanmugam 6. ) Jespal Singh Deol A/L Balbir

Citation

WA-22M-643-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-643-08/2019 (Mahkamah Tinggi)

No binding compromise arose from the correspondence because MDV’s language was conditional, Item F reserved unfettered additional terms, essential conditions precedent (personal guarantees, share pledge, NOMAD report) remained unfulfilled, the 6th Letter envisaged execution as the event creating binding effect, and GNC’s delisting plus NOMAD resignation rendered performance unviable; consequently MDV lawfully withdrew and is entitled to RM108,772,652.67 plus profit and charges; claims in conspiracy and fraud against all defendants fail for lack of proof of agreement, unlawful means, intention…
19 Dec 2025

MALAYSIA DEBT VENTURES BERHAD 1. ) PLATINUM TECHSOLVE SDN BHD 2. ) GRAPHENE NANOCHEM PLC 3. ) JESPAL SINGH DEOL A/L BALBIR SINGH @ MUHAMMAD IMRAN BIN ABDULLAH 4. ) SUSHIL SINGH SIDHU A/L JOGINDER SINGH 5. ) ANBANANTHAN A/L SHANMUGAM

Citation

WA-22M-300-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-300-07/2018 (Mahkamah Tinggi)

No binding compromise was formed because MDV's correspondence was conditional ('agreeable to consider'), Item F reserved further terms, essential conditions precedent (guarantees, pledge, NOMAD report) were never satisfied and the draft settlement was not executed by the parties' deadline; GNC's NOMAD resignation and consequent delisting rendered the proposed RTO commercially and legally incapable of being performed and entitled MDV to withdraw; accordingly PTSB (as novated borrower), GNC (corporate guarantor) and the personal guarantors remain jointly and severally liable for RM108,772,652.6…
6 May 2025

EXPORT-IMPORT BANK OF MALAYSIA BERHAD 1. ) CHAN TOH PEW 2. ) AMY LAU SIU YIN 3. ) HO WAI LOONG

Citation

WA-22NCC-787-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-787-11/2024 (Mahkamah Tinggi)

The application to transfer was allowed because the balance of relevant factors favoured transfer: the 1st and 2nd Defendants reside in Ipoh, there is a substantial nexus between Suit 787 and related proceedings already pending in Ipoh which may directly affect the guarantors' liability, and the interests of justice (including avoidance of inconsistent decisions and case management efficiency) outweighed the Plaintiff's arguments about forum convenience and KL commercial court specialization.
19 Mar 2025

PAC LEASE BERHAD 1. ) GRENEPARK VILLAGE SDN. BHD. 2. ) GREGORY AMOS YOON PENG SUM 3. ) MOHD HALIM WHY BIN ABDULLAH 4. ) PARAGRENE LAND BERHAD

Citation

WA-22NCC-619-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-619-09/2024 (Mahkamah Tinggi)

Plaintiff established a strong prima facie case by proving the loan facility, producing a Statement of Account showing default, adducing executed guarantee agreements with acknowledgment of service, and proving service of the Notice of Demand; the Defendants' denials were bare and unsupported by documentary or expert evidence and therefore did not raise any genuine triable issues — summary judgment was appropriate and entered for the Plaintiff.
4 Mar 2025

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 1. ) PRM FOODS & MARKETING SDN BHD 2. ) RAMLE BIN MUDA 3. ) CHE MINAH BINTI MOHD ALI 4. ) MOHD FIRDAUS BIN RAMLE

Citation

WA-22M-823-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-823-07/2024 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 prerequisites and adduced cogent documentary evidence (service, Board Resolutions, BMIS e-certificate, certificate of indebtedness) such that defendants failed to raise a credible, particularised triable issue; alleged Shariah non-compliance did not automatically vitiate the contracts under IFSA s281; guarantees contained principal debtor and conclusive evidence clauses binding the guarantors; accordingly summary judgment entered for plaintiff with costs RM6,000.00.
26 Feb 2025

AMBANK (M) BERHAD 1. ) TUA POOK GEE 2. ) TUA POOK SIK 3. ) SAWADI PG TRADING SDN BHD

Citation

KB-B52NCC-7-09/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-B52NCC-7-09/2020 (Mahkamah Sesyen)

Application dismissed because it was filed approximately four years after service of the default judgment without satisfactory explanation or any application for extension of time; service to the address in the Guarantee was regular so the default judgment was regularly obtained; applicant failed to establish a prima facie meritorious defence.
28 Jun 2024

EXPORT-IMPORT BANK OF MALAYSIA BERHAD 1. ) IMPIANA UBUD (LABUAN) CO LTD 2. ) IMPIANA SDN BHD

Citation

WA-22NCC-57-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-57-01/2022 (Mahkamah Tinggi)

The certificate of indebtedness (or a statement functioning as one) issued by the bank is final and conclusive in proving the quantum of indebtedness in the absence of fraud or manifest error on its face; this shifts the evidential burden to the defendants to disprove the amount, and the trial judge erred in declining to apply that principle.
16 May 2024

TARGET PRECAST INDUSTRIES SDN BHD 1. ) TINTA ANGGUN ENGINEERING SDN BHD 2. ) NG YIN MENG 3. ) NG SU YEE

Citation

WA-22NCC-100-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-100-03/2023 (Mahkamah Tinggi)

The court accepted the Plaintiff's unchallenged evidence and the Master Statement of Account admissible under s90A as proving how the payments were applied to earlier invoices; the written guarantee rendered the 2nd and 3rd defendants jointly and severally liable for sums outstanding from the 1st defendant; accordingly the Plaintiff proved on the balance of probabilities that RM795,845.53 remained due and that contractual late payment interest under Clause 7 is enforceable. The Plaintiff succeeded on its claim.