Malaysia Case Law: Decisions & Judgments

Topic

Personal guarantee enforcement

Legal area

Court

30 Sept 2025

EXPORT-IMPORT BANK OF MALAYSIA BERHAD Lim Yaw Boon

Citation

WA-22NCC-190-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-190-04/2023 (Mahkamah Tinggi)

Clause 9.14, read objectively as a whole, expressly reserved to the plaintiff the contractual right to commence court proceedings and to take concurrent proceedings; once the plaintiff exercised that contractual election to litigate, the arbitration mechanism was rendered inoperative for those proceedings and section 10 could not be invoked to compel a stay; accordingly the defendant’s stay application was dismissed.
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…
13 Nov 2024

SYED GAMAL BIN SYED KECHIK AL-BUKHARY 1. ) ACE CREDIT (M) SDN BHD 2. ) CHANG AI NEE 3. ) CHOONG CHEE MENG

Citation

WA-22NCC-62-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-62-02/2023 (Mahkamah Tinggi)

Defendants failed to prove that the 1st Defendant sustained losses during the contractual investment periods that would trigger Section 4.03; absence of evidence and lack of notice to the Plaintiff meant the exclusion clause could not relieve defendants of their contractual obligations, therefore the agreements and guarantees are enforceable and defendants are jointly and severally liable for the sums ordered; counterclaim struck out.

Malaysia Case Law

EXPORT-IMPORT BANK OF MALAYSIA BERHAD Lim Yaw Boon

1. ) JAFFA ROGER DAWKINS 2. ) RABIATUL ADAWIYYAH BINTI MOHMAD 3. ) HARRIS LUQMAN GROUP SDN BHD PELORUS HOLDING SDN. BHD.

SYED GAMAL BIN SYED KECHIK AL-BUKHARY 1. ) ACE CREDIT (M) SDN BHD 2. ) CHANG AI NEE 3. ) CHOONG CHEE MENG