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2025 MarsdenLR 903

HIGH COURT MALAYA SHAH ALAM
CHIONG HOE KEAN – Appellant
Versus
CHIONG HOE KEAT & ANOR & ANOTHER CASE – Respondent


Petitioner Advocates:Bestian Ng Jau Meng ,Respondent Advocate: Nur Azyan Bahirah Khairul

JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] On 2 August 2023, another civil division of the High Court in Shah Alam transferred Suit No BA-22NCC-16-01/2023 ("Suit 16") to this Court on the application of the parties there, because it was recognized that the parties and issues in Suit 16 overlapped with Suit No: BA-22NCvC-221-06/2022 ("Suit 221"), a suit registered in this Court.

[2] The parties in Suit 16 and Suit 221 are the same, except that there is one additional party in Suit 16, Zhang Jia Birdnest Sdn Bhd ("Zhang Jia Birdnest") and the solicitors representing them in the 2 suits are also the same. It is convenient to refer to the parties by name ie

[3] On 10 March 2025, Chiong Hoe Kean filed the application in encl 82 to recuse me from hearing the consolidated trial of Suit 221 and Suit 16 on grounds of "real danger of bias." I heard and dismissed encl 82 on 25 April 2025 and these are my grounds.

Chronology Of Events

[4] Suit 221 is a claim by Chiong Hoe Kean to invalidate a Guarantee dated 5 September 2018 ("Personal Guarantee") by which he and his brother, Chiong Hoe Keat appear as guarantors for the payment of World Prestige Trasure Sdn Bhd's debt to Alliance Bank under a

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