JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] This appeal by the appellant emanates from the decision of the learned Sessions Court Judge ("SCJ") dated 22 January 2022 in dismissing with costs the appellant's claim against the respondent who was the 2nd defendant at the Kuala Lumpur Sessions Court.

[2] In this judgment, the parties will be referred to as they were in the Sessions Court.

[3] On 2 June 2022, I heard the appeal and allowed it with costs. These are the reasons as to why.

Background

[4] The plaintiff Bank and the 1st defendant (interchangeably "the hirer") entered into a hire purchase agreement on 14 July 2019 ("hp agreement") of a Toyota Alphard 3.5, registration number VIP2905 for a sum of RM305,000.00 ("hp loan"). The 2nd defendant is a director of the hirer and she executed the hp agreement on behalf of the hirer. Simultaneously, the 2nd defendant executed a separate Guarantee, agreeing to guarantee the repayment of the hp loan.

[5] The hp loan was to be settled by the hirer in 107 monthly instalments of RM3,447.00 and a final instalment of RM3,439.88. There is no dispute that the hp loan was disbursed on 18 July 2019 and the repayment instalments were to commence on 18