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2017 MarsdenLR 2078
COURT OF APPEAL PUTRAJAYA
LIFOMAX WOODBUILD SDN BHD – Appellant
Versus
NG YEE TECK – Respondent
[Civil Appeal No: B-02(IM)(C)-456-03-2016]
Important Points
An appellant's guarantee liability is primary, not secondary, to that of the principal debtor, determining enforceability of claims.
Subject
Civil Law - Contract Law
Act Referred
Contracts Act 1950: S.79
Headnote
The judgment appeals under the Rules of Court 2012 regarding the striking out of a writ and statement of claim. The court found merit in the appeal, concluding the claims against the guarantors were not secondary to the principal debtor's obligations. The primary legal question framed by the court concerned the liability of the respondent as a guarantor. The court ruled that the claims were not capable of being struck out for lacking a reasonable cause of action. As a result, the appeal was allowed with costs.
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| 1. the procedure for appeal and its allowance based on merits. (Para 1) |
[1] This is an appeal by the appellant against the decision of the learned High Court Judge given on 29 April 2016 allowing the respondent's application to strike out the writ and statement of claim pursuant to O 18 r 19(1)(a), and/or (b), and/or (d) of the Rules of 2012. We heard the appeal on 18 October 2016 and after due deliberation and considering the submissions of counsel, we allowed the appeal with costs. We found that there are merits in the appeal and ordered that the matter be remitted to the High Court for full trial. These are our reasons.
