[2] One Jasib Shipyard & Engineering (M) Sdn Bhd contracted with the respondent to construct and complete the partially completed beach restoration works between Kuala Sungai Terengganu and Kuala Ibai in Kuala Terengganu. The appellant gave the respondent a performance bond up to the amount of RM420,645 and an insurance guarantee against advance payment for the sum of RM1,069,035. It was alleged that Jasib Shipyard failed to perform the contract to the satisfaction of the respondent and the respondent accordingly terminated the contract. Thereafter the respondent made a demand on the appellant on the said two bonds which the appellant failed to respond. This appeal before us being essentially an appeal against the order of summary judgment, the core issue is whether there are triable issues. It is w