HIGH COURT MALAYA KUALA LUMPUR
BANK PERTANIAN MALAYSIA BERHAD – Appellant
Versus
LADANGKU MAJU SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. application for summary judgment concerning a loan guarantee. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. procedural requirements for summary judgment applications. (Para 10 , 11 , 12 , 13) |
| 3. defendant's burden of proof in summary judgment. (Para 16 , 17 , 19 , 21 , 22) |
| 4. service of demand letters and its implications. (Para 18 , 25 , 28 , 29) |
| 5. effect of variance on guarantor's obligations. (Para 31 , 32 , 33 , 36 , 41 , 43) |
| 6. quantum of claim substantiated by conclusive evidence. (Para 47 , 48 , 49 , 51 , 60) |
Introduction
[1] This judgment concerns the plaintiffs application under O 14 r 1 of the Rules of Court 2012 ("the Rules") to enforce a guarantee. The dispute arises from a loan agreement structured under the Shariah principles of Commodity Murabahah, in which the first defendant ("D1") was the borrower, and second, third and fourth defendants ("D2", "D3", and "D4") acted as guarantors. Following D1's failure to meet its installment obligations, a default judgment was entered against D1, D2, and D4. The plaintiff now seeks summary judgment against D3, asserting that D3 is liable as the principal debtor and indemnitor. D3, however, oppos
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