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1988 MarsdenLR 1097

LAMIN
DEVELOPMENT & COMMERCIAL BANK BHD – Appellant
Versus
SYARIKAT FARMCO SDN BHD – Respondent


Advocates:
Joseph Yeo for the defendants/appellants.
Ti Lian Ker for the plaintiff/respondent.
Solicitors: Sri Ram, Zulkifly & Kumar; Ten Appaduray & Wong. Reported by Ng Sheau Jiuan

Lamin J

This is an appeal on the decision of the senior assistant registrar who granted the application (encl 5) by the plaintiff under O 14 in terms as prayed for. Briefly, the facts of this case are as follows. The first defendant company had been operating an account (account no 1429) with the plaintiff bank for overdraft facilities since 1980. By its resolution of 24 November 1980 (exh A2 to encl 5), the first defendant offered as security for those facilities, namely, a land title and a guarantee to be executed by all its four directors jointly and severally in their personal capacities. (The guarantee was duly executed on 31 July 1981 — exh 'C' to encl 5.) The plaintiff bank, on 14 November 1985, filed a claim against the defendants for the sum of $579,521.60 being moneys due and owing by the first defendant under the said account. By the terms of the facilities granted, the defendant undertook to settle all legal, charges and under this item the plaintiff made an additional claim of $25,000 being professional fees and charges. On 24 January 1986, the defendants filed their statement of defence (encl 4). Three of its directors, namely, the second, third and fourth defendants,

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