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1985 MarsdenLR 198

HIGH COURT MALAYA JOHOR BAHRU
CHUNG KHIAW BANK LTD – Appellant
Versus
SOI HUAN & ORS – Respondent


Petitioner Advocates:Chelliah Paramjothy ,Respondent Advocate: LM Ong

JUDGMENT

Mahadev Shankar J:

[1] This is an appeal against the decision of the Senior Assistant Registrar granting leave to the plaintiffs to sign final judgment under O 14.

[2] The salient facts are as follows. Tuahbina Sdn Bhd (hereafter referred to as the Company) has been lent monies by the plaintiff bank (hereafter referred to as the Bank). The loan was secured by various charges executed by the Company in favour of the Bank and by a debenture. One of the conditions for the granting of loan facility to the Company by the Bank was that all the Directors of the Company were to sign a joint and several guarantee.

[3] On July 7, 1980, the Bank's letter of guarantee was signed by all the three defendants and one Abdul Malik @ Hussein bin Abdullah. The guarantee was on the Bank's standard printed form and, if I may say so, with respect, had been so drafted as to plug every conceivable loop-hole in the law relating to such matters, which could be taken advantage of by would-be sureties. This letter of guarantee was conditioned to stand good for the recovery of a principal debt not exceeding $2,527,500.00 excluding any interest accruing due on the principal amount lent. In the Bank's lette

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