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1993 MarsdenLR 985

SUPREME COURT KUALA LUMPUR
AMANAH MERCHANT BANK BHD – Appellant
Versus
LIM TOW CHOON (THROUGH OFFICIAL ASSIGNEE) – Respondent


Petitioner Advocates:Benjamin John Dawson,Wong Kok Leong ,Respondent Advocate: TJ Su,Teh Meng Teik

JUDGMENT

Mohamed Dzaiddin Abdullah SCJ:

[1] This appeal concerns an interpretation of a clause in a letter of guarantee dealing with the service of a notice of demand. The material clause in the guarantee states as follows:

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17. Any notice may be served on the undersigned or his/ their executors administrators or legal representatives either personally or by sending the same through the post in an envelope ad- dressed to the last known place of address of the person to be served and a notice so sent shall be deemed to be served on the day following that on which it is posted.

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[2] The respondent, who was the second defendant in the action, was sued under the letter of guarantee dated 3 October 1984 (the said guarantee following the default of the principal borrowers, whereby, as a director, he guaranteed to pay the appellant bank all sums due and owing under a revolving bankers acceptance facility granted by the bank to the principal borrowers. His liability was, however, limited to RM2.0 million. Being an "on demand" guarantee, the appellant's solicitors sent him a notice dated 4 March 1988 by AR registered post to his last known address, demanding payment of the amount owing. On 19 M

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