2017 MarsdenLR 87

COURT OF APPEAL PUTRAJAYA
LIFOMAX WOODBUILD SDN BHD – Appellant
Versus
NG YEE TECK – Respondent
[Civil Appeal No: B-02(IM)(C)-456-03-2016]

An appellant's guarantee liability is primary, not secondary, to that of the principal debtor, determining enforceability of claims.

Headnote:The judgment appeals under the Rules of Court 2012 regarding the striking out of a writ and statement of claim. The court found merit in the appeal, concluding the claims against the guarantors were not secondary to the principal debtor's obligations. The primary legal question framed by the court concerned the liability of the respondent as a guarantor. The court ruled that the claims were not capable of being struck out for lacking a reasonable cause of action. As a result, the appeal was allowed with costs.