PUBLIC BANK BERHAD vs PARAMJIT SINGH GILL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 MarsdenLR 2592

COURT OF APPEAL PUTRAJAYA
PUBLIC BANK BERHAD – Appellant
Versus
PARAMJIT SINGH GILL – Respondent

Table of Content
1. appeal background and guarantee execution (Para 1 , 3 , 4 , 5)
2. overview of the appeal and court's decision. (Para 2)
3. respondent's defenses and limitation argument (Para 6 , 10)
4. facts surrounding the guarantee agreement and legal suits. (Para 8)
5. respondent's defense of non-receipt of demand and limitation. (Para 9)
6. demand triggers obligation, necessity for clear demand (Para 11 , 12)
7. interpretation of guarantee demand provisions (Para 13 , 14 , 16)
8. court's interpretation of the demand and its service. (Para 15)

[1] This is an appeal against the decision of the High COURT in which the learned Judge dismissed the Appellant's application for summary judgment premised on a guarantee agreement given by the Respondent in respect of a loan granted by the Appellant to one Diam Ubi Sdn Bhd (Diam Ubi).

[2] We heard the appeal and after due consideration of the respective submissions of counsel, we allowed the appeal and now give our reasons.

Background Facts

[3] Diam Ubi was granted a banking facility in the form of an overdraft in the sum of RM3,000,000.00. As part of the securities, the Appellant required guarantees from the directors of Diam Ubi. The Responden

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2014 MarsdenLR 2592

COURT OF APPEAL PUTRAJAYAPUBLIC BANK BERHAD – AppellantVersusPARAMJIT SINGH GILL – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
PUBLIC BANK BERHAD – Appellant
Versus
PARAMJIT SINGH GILL – Respondent