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2018 MarsdenLR 2165

HIGH COURT MALAYA KUALA LUMPUR
CAPITAL STITCH INDUSTRY SDN BHD & ANOR – Appellant
Versus
JUBILEEI SDN BHD – Respondent


Petitioner Advocates:George Varughese,Johan Mohan Abdullah ,Respondent Advocate: YS Cheah

Table of Content
1. analyzed the basis for the appeal and previous court decisions. (Para 1 , 2)
2. outlined the main contentions of the parties regarding the appeal. (Para 19 , 20)
3. confirmed the binding nature of the guarantee agreement on the second appellant. (Para 43 , 44)
4. discussed the validity of the counterclaim and necessity of the parties in contractual agreements. (Para 67 , 72)
Mohd Nazlan Mohd Ghazali J:

Introduction

[1] This is an appeal against the decision of the Sessions Court which had after a full trial allowed the claim filed by the respondent herein (the plaintiff in the Sessions Court below) for payment of outstanding sums for goods sold and delivered to the first appellant, and guaranteed by the second appellant (the first and second defendants in the proceedings before the Sessions Court respectively). The appeal was also against the dismissal of the counterclaim by the defendants for sums allegedly overpaid to the plaintiff in a sale of a property.

[2] After having heard the appeal, I dismissed the same, and stated the main grounds in support thereof. This judgment contains the full reasons for my decision.

Key Background Facts

The Parties

[3] Both the respondent

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