Back
HIGH COURT MALAYA KUALA LUMPUR
PUBLIC BANK BERHAD – Appellant
Versus
TAN SRI DATUK YACOB HITAM & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiff's action against the guarantor. (Para 1 , 2 , 3 , 4) |
| 2. limitation defense pleaded by 2nd defendant. (Para 5 , 6) |
| 3. court observations of cases and principles regarding limits of actions. (Para 7 , 11 , 22) |
| 4. principles from bradford old bank and nik che kok. (Para 14 , 20 , 21 , 23 , 24) |
| 5. arguments on limitation and validity of demand. (Para 15 , 17 , 19) |
| 6. ratio decidendi, critical judgments from past cases. (Para 16 , 18 , 31 , 32) |
| 7. exploration on contingent liability and limitations. (Para 26 , 35 , 39) |
| 8. conclusion on time-barred claims. (Para 40 , 42 , 44) |
| 9. final conclusion dismissing the plaintiff's action. (Para 43) |
[1] In this present suit, the plaintiff bank is proceeding only against the 2nd defendant in his capacity as a Guarantor for a Banking Facility (an overdraft of RM3 million) granted by the plaintiff to a company named Diam Ubi Sdn Bhd by a Letter of Offer dated on or about 4 December 1979. The relevant Letter of Guarantee, which appears from pp 6 to 9 of the Common Bundle of Documents, is dated 17 December 1979.
[2] The plaintiff has elected not to proceed against the 1st defendant.
[3] This facility was recalled by the plaintiff some
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
