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2024 MarsdenLR 2176

HIGH COURT MALAYA PENANG
PROVENTUS BINA SDN BHD – Appellant
Versus
TANG KAE SHIH – Respondent


Petitioner Advocates:Leong Chee Weng ,Respondent Advocate: Teng Ai Wen

JUDGMENT

Quay Chew Soon J:

Introduction

[1] This action is based on a personal guarantee given by the Defendant ("D") in favour of the Plaintiff ("P"). The personal guarantee relates to certain payments for the works performed by P under a construction contract.

[2] P filed an application dated 8 January 2024 vide encl 14 for summary judgment against D. Enclosure 14 is made under O 14 of the Rules of 2012 .

[3] On 20 March 2024, I allowed encl 14 and entered summary judgment against D. It is my finding that D does not have a valid defence against P's claim, let alone any triable issue. Here are the grounds of my decision.

Background Facts

[4] By a letter of award dated 2 July 2018, Prisma Bumiraya Sdn Bhd ("employer") appointed Simbo! Era Sdn Bhd ("main contractor") as the main contractor for a certain project ("project"). D is a director of the employer.

[5] By a letter of award dated 13 January 2020 ("letter of award"), the main contractor appointed P as a domestic subcontractor to carry out the works stipulated under the letter of award ("works") in relation to the project.

[6] Pursuant to a personal guarantee dated 28 April 2021 signed by D ("personal guarantee"), D agreed to pay to P


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