Introduction

[1] Enclosure 6 was the Plaintiff's application to enter summary judgment against all the Defendants pursuant to O 14 of the Rules of 2012 ( ROC ).

The Plaintiff was a bank. The 1st Defendant was the principal borrower of facilities from the Plaintiff. The 2nd, 3rd and 4th Defendants were joint and several guarantors in respect of sums owed by the 1st Defendant to the Plaintiff.

[2] On 11 January 2013 after having given consideration to the contents of affidavits filed by or for the respective parties and the submissions of all Counsel, I allowed the Plaintiff's application and ordered that the Plaintiff be entitled to enter judgment against the Defendants as per the prayers in the Statement of Claim.

[3] Only the 4th Defendant has now appealed against my order of 11 January 2013.

Background

[4] On 14 June 2005 the Plaintiff had granted to the 1st Defendant the following facilities:-

(i)Overdraft- RM100,000.00

(ii)Multi