HIGH COURT MALAYA KUALA LUMPUR
NAM CHEONG INTERNATIONAL LTD – Appellant
Versus
TIME LIZA INTERNATIONAL LTD & ORS (ENCL 12) – Respondent
JUDGMENT
[1] This judgment concerns the Defendants' application (encl 12) pursuant to O 12 r 10 of the Rules of 2012 ("ROC 2012") to stay proceedings pending arbitration. At the hearing of this application I allowed encl 12 in respect of the 1st Defendant only and dismissed the application in respect of the 2nd Defendant, 3rd Defendant, 4th Defendant, 5th Defendant and 6th Defendant. This judgment contains the full grounds for my decision.
Background Facts
[2] Pursuant to a Memorandum of Agreement dated 1 July 2014 (" the Memorandum of Agreement"), the Plaintiff has agreed to sell and the 1st Defendant has agreed to purchase the vessel SK78 ("the Vessel"). The 2nd Defendant agreed to be the guarantor to the 1st Defendant under a Corporate Guarantee dated 1 July 2014 ("the Corporate Guarantee").
[3] The 3rd Defendant, 4th Defendant, 5th Defendant and 6th Defendant agreed to be guarantors to the 1 st Defendant under a Personal Guarantee dated 1 July 2014 ("the Personal Guarantee").
[4] The 1st Defendant and the Plaintiff, by way of Addendum No 1 to the Memorandum of Agreement dated 1 July 2014 which is dated 1 July 2014 ["Addendum No 1 (MOA)"], entered into
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