JUDGMENT

Choo Kah Sing JCA:

Introduction

[1] This appeal emanates from a High Court decision dated 10 May 2022 wherein the learned High Court Judge dismissed the appellant's claim.

[2] The appellant, United Overseas Bank (Malaysia) Bhd ("UOB"), claimed against the respondents premised on a guarantee dated 25 November 2014 ("the Guarantee"). The Guarantee was executed by the respondents together with two others, namely Gerald Yeo @ Yeo Ah Khe and Wang YingDe, who agreed to be jointly and severally liable for a loan facility granted to one CHN Commodity Trade Centre Sdn Bhd (in Receivership / In Liquidation) ("Borrower") for a sum of RM30,000,000.00 ("the loan sum"). The loan sum was to facilitate the Borrower to part finance the purchase of 170 shop units ("the Charged Assets") in a shopping complex.

[3] The heart of the contention in this appeal is whether the appellant could claim against the guarantors for the charges of accrued interest post winding-up of the Borrower. The claim was not the loan sum. In fact, the loan sum had been redeemed or paid off by the Liquidator based on a redemption statement dated 30 October 2017 issued by UOB.

(Note: This appeal (W-02(NCC)(W)-1037-06/202