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HIGH COURT MALAYA PULAU PINANG
AFFIN BANK BERHAD – Appellant
Versus
GOH HOCK HAI (ENCL 7) – Respondent
| Table of Content |
|---|
| 1. the basis for plaintiff's judgment claim. (Para 1 , 2 , 3) |
| 2. background facts regarding banking facilities. (Para 4 , 5 , 6 , 9) |
| 3. arguments on the validity of demands and limitation. (Para 16 , 18 , 20 , 21) |
| 4. precedents on the nature of guarantees and demands. (Para 23 , 25 , 30 , 34) |
| 5. court's conclusion on the statute of limitations. (Para 44 , 71 , 78) |
| 6. final order on the defendant's application. (Para 79 , 80) |
Introduction
[1] In this action filed by the Plaintiff on 31 May 2011, the Plaintiff sought for judgment to be entered against the Defendant for RM7,023,2178.43, interest and costs on the basis of a Letter of Guarantee dated 14 August 1997 issued by the Defendant to BSN Commercial Bank (Malaysia) Berhad (the Plaintiff's predecessor-in-title and rights).
[2] Enclosure 7 was the application by the Defendant under O 18 r 19(1)(a), (b), (c) and (d) of the Rules Of The High 1980 (RHC 1980) to have the Writ and Statement of Claim struck out on the sole ground (as it transpired ultimately) that the Plaintiff's action now brought against the Defendant was statutorily time barred and unsustainable.
[3] The Plaintiff had vide Encl 12 o
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