Lee Heng Cheong JCA:

Introduction

[1] This is an appeal against the decision of the learned High Court Judge ("HCJ") delivered at the Kuala Lumpur High Court on 30 August 2019 which dismissed the appellant/plaintiff 's claim against the respondent/4th defendant for breach of the Joint and Several Guarantee Agreement (Exhibit P 1).

[2] Initially the appellant/plaintiff obtained a judgment in default dated 11 December 2015 against Instyle Furniture Industries Sdn Bhd (No.Syarikat 587703-A) ("the 1st defendant"), Chua Ser Liang (No.K/P: 530419-01- 5139) ("the 2nd defendant"), Soh Piaw Tuan @ Soh Fi Toan (No.K/P: 431123-01-5259) ("the 3rd defendant") and Chong Voon Chung (No. K/P: 671111-01-6257) ("the 4th defendant") who is the respondent here. Only the respondent/4th defendant applied to set aside the said judgment in default. Having successfully set aside the judgment in default after appealing to the Court of Appeal, the case between the appellant/plaintiff and the respondent/4th defendant was remitted back to the High Court for full trial.

[3] After a full trial, the learned HCJ dismissed the appellant/plaintiff 's claim against the respondent/4th defendant.

[4] Having consider