JUDGMENT

Atan Mustaffa Yussof Ahmad JC:

[1] This judgment concerns the Plaintiff's summary judgment application (encl 8) against the Defendants arising from a writ action filed by the Plaintiff against the Defendants in this suit for recovery under guarantees given by the Defendants in respect of an Islamic Financing Facility provided by the Plaintif to a customer.

[2] At the hearing of this application I granted summary judgment for the Plaintiff. This judgment contains the full grounds for my decision.

Background Facts

[3] At the request of HCD-PRBSB Co Ltd ("the Customer'), a private limited company incorporated in Cambodia the Plaintiff granted the Customer and the Customer accepted an Islamic Financing Facility under Overseas Project Financing-i amounting to USD46,000,000.00 ("the Facility') by way of an offer letter dated 7 November 2014 ("the Offer Letter'). Subsequently the terms contained in the Offer Letter were amended by way of a supplemental letter of offer dated 9 March 2016.

[4] Another supplemental letter of offer dated 9 August 2016 was then issued which further amended the terms of the Offer Letter and supplemental letter of offer dated 9 March 2016 wherein the financin