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2020 MarsdenLR 1186

HIGH COURT MALAYA KUALA LUMPUR
CJ CENTURY TECHNOLOGY SDN BHD – Appellant
Versus
AXISJAYA SDN BHD & ANOR – Respondent


Petitioner Advocates:Brian Foong,Muhammad Hiqmar ,Respondent Advocate: Datuk Selva Kumar,Chow Hoi Meng

JUDGMENT

Aliza Sulaiman J:

[1] The application made by the Plaintiff in encl 8 is for summary judgment pursuant to O 14 r 1(1) of the Rules of 2012 .

Background

[2] The Plaintiff, a private limited company incorporated in Malaysia is a wholly owned subsidiary of CJ Century Logistics Holdings Berhad and is in the business of procurement logistics services and trading of electronical equipment.

[3] The Defendants are private limited companies incorporated in Malaysia and are subsidiaries of DBH Holdings Sdn Bhd (Company No.: 1113800-M).

[4] The 1st Defendant had placed orders with the Plaintiff for the supply & delivery of Daikin Air Conditioning Systems including Testing & Commissioning for VRV & Split Units ("the goods") and the Plaintiff had supplied the goods to the 1st Defendant in accordance with the 1st Defendant's various purchase orders ("1st Defendant's Purchase Orders") as follows:

[5] The 2nd Defendant vide 2 Corporate Guarantees dated 5 April 2018 and 8 August 2018, agreed, undertook and guaranteed the payment on demand of all monies due to the Plaintiff from the 1st Defendant arising from or in connection with the supply of the goods to the 1st Defendant, limited to the sum


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