HIGH COURT MALAYA KUALA LUMPUR
NAM CHEONG INTERNATIONAL LTD – Appellant
Versus
TIME LIZA INTERNATIONAL LTD & ORS (ENCL 56) – Respondent
JUDGMENT
[1] This Judgment concerns the Plaintiff's summary judgment application (encl 56) against the 2nd to 6th Defendants pursuant to O 14 Rules of 2012 ("ROC 2012'). This arose from guarantee agreements signed by the 2nd to 6th Defendants in respect of the 1st Defendant's debts under a vessel purchase agreement and charter agreement.
[2] After hearing this application and after reserving my decision, I allowed encl 56. This Judgment contains the full grounds for my decisions.
Background Facts
[3] The Plaintiff and the 1st Defendant entered into a Memorandum of Agreement dated 1 July 2014 ("the Memorandum of Agreement') whereby the Plaintiff agreed to sell and the 1st Defendant agreed to purchase the Vessel identified as SK78 ("the Vessel"Â). The salient terms of the Memorandum of Agreement are as follows:
a) The purchase price of the Vessel is USD13,250,000.00;
b) A deposit of USD105.000.00 ("the Deposit') shall be paid by the 1st Defendant to the Plaintiff;
c) The balance of the purchase price of USD13,145,000.00 ("the Balance Purchase Price"Â) shall be paid in full by the 1st Defendant to the Plaintiff; and
d) The interest at the rate of 10% per annum
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