JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This was the Appellant's appeal against the decision of the learned Sessions Court Judge ("SCJ") on 24 August 2020, in granting summary judgment in favour of the Respondent. For ease of reference, the Appellant and Respondent will be referred to respectively as the Defendant and Plaintiff.

The Background Facts

[2] The Plaintiff's claim against the Defendant was based on a Letter of Guarantee ("LoG") dated 10 September 2014 that the Defendant had signed, guaranteeing the debts owed to the Plaintiff by one Ding Seng Building & General Construction ("Ding Seng").

[3] Pursuant to a judgment sum in the amount MYR764,415.55, obtained by the Plaintiff against Ding Seng on 7 May 2018, the Plaintiff proceeded to take action against the Defendant for such amount. Summary judgment was recorded by the learned SCJ against the Defendant. As a result thereof, the Defendant filed this appeal, which was dismissed for the following reasons.

The Applicable Law

[4] It is trite law, as stated in several cases including National Company For Foreign Trade v. Kayu Raya Sdn Bhd , 1984 MarsdenLR 58 , that the Court may order summary judgment in plain and obvious