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HIGH COURT MALAYA KUALA LUMPUR
ABDUL HALIM MOHAMAD – Appellant
Versus
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD & ORS – Respondent
| Table of Content |
|---|
| 1. background context of the guarantor claim (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiff's assertion for release from guarantee (Para 13 , 14 , 21 , 22) |
| 3. court's analysis of vesting order's effect (Para 15 , 16 , 17 , 19 , 20 , 33) |
| 4. question of duty of care by d1 and d2 (Para 37 , 38 , 39 , 40) |
| 5. silence does not imply acceptance (Para 62 , 64 , 67) |
| 6. clarification on treatment of previous guarantors (Para 69 , 70 , 72 , 73 , 74) |
| 7. no fiduciary duty in banker-guarantor relationships (Para 75 , 76 , 78 , 79) |
| 8. case suitability for summary determination (Para 82 , 83 , 84) |
[1] Before the court are applications by two financial institutions to strike out a claim brought by a former director and shareholder of a borrower company who seeks to be released from his obligations as guarantor of certain loan facilities. The Plaintiff contends that he should be discharged as guarantor following the sale of his shares and directorship to a third party who had agreed to replace him as guarantor, and alleges negligence and breach of duty against the Defendants for failing to facilitate this change of guarantor. The Defendants argue that the plai
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