4 Oct 2021
BADANBAS SDN BHD DATUK CHE AZIZUDDIN BIN CHE ISMAIL
- Citation
- WA-22NCVC-360-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-360-05/2021 (Mahkamah Tinggi)
The Guarantee expressly conditioned withdrawal of the winding-up petition on payment/postponement and ultimate payment by the defendant; those conditions were not met; part-payment by a third party did not discharge the defendant because full and final settlement remained outstanding and there was no assignment; the defendant's defences (lack of consideration, discharge under s92, acceptance under s42, unjust enrichment, coercion) were unarguable or inherently improbable in light of the Guarantee and contemporaneous documents; therefore the matter was appropriate for summary judgment and judg…