EON BANK BERHAD vs OSMAN @ MD DAUD AROFF & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 MarsdenLR 1088

HIGH COURT MALAYA KUALA LUMPUR
EON BANK BERHAD – Appellant
Versus
OSMAN @ MD DAUD AROFF & ORS – Respondent

Table of Content
1. details of the guarantee and initial proceedings. (Para 2 , 3 , 4 , 5 , 6)
2. discretion in withdrawal applications under court rules. (Para 7 , 8)
3. opposing arguments on potential prejudice. (Para 9 , 10)
4. court's discretion and justification for discontinuation. (Para 11 , 12 , 13 , 14 , 15)

JUDGMENT

Hanipah Farikullah JC

GROUNDS OF DECISION

1. Enclosure (58) is the plaintiff's application for leave to withdraw and discontinue this action as against the third defendant, with liberty to file a fresh and with no order to costs.

Facts of the case

2. By the Letter of Guarantee dated 6.12.2007 the third defendant as security for and in consideration of the plaintiff availing a Housing Loan Facility of RM6.5 Million to the first and second defendants, agree to pay on demand all sums due, owing and payable on such Facility together with all interest, costs and charges.

3. The Guarantee did not specify nor stipulate the third defendant's address for such demand and that the letter of demand dated 5.12.2008 was issued to the third defendant at No. 1, Jalan 203, Off Jalan Tandang, 46050 Petaling Jaya.

4. Upon the first and second defendants/borrower's and the third defendant Gu

Click Here to Read the rest of this document

2011 MarsdenLR 1088

HIGH COURT MALAYA KUALA LUMPUREON BANK BERHAD – AppellantVersusOSMAN @ MD DAUD AROFF & ORS – Respondent

Cases Referred (2)

HIGH COURT MALAYA KUALA LUMPUR
EON BANK BERHAD – Appellant
Versus
OSMAN @ MD DAUD AROFF & ORS – Respondent