JUDGMENT

Clement Skinner J:

This is the hearing of an appeal by the third defendant (hereafter 'the appellant') against the decision of the learned Sessions Court Judge, given on 19 November 2002, granting summary judgment in favour of the plaintiff (hereafter 'the respondent') in the sum of RM38,191 with interest thereon at 8% per annum from 4 July 2000 until full and final payment.

The appellant was sued in his capacity as a guarantor to a hire-purchase agreement entered into between the first defendant and the respondent in respect of a motor vehicle. There is no dispute between the parties that the subject matter of the hire-purchase agreement is governed by the Hire-Purchase Act 1967 (Act 212) (hereafter 'the Act').

The appellant raised several grounds of appeal against the decision of the learned Sessions Court Judge. Thus it was argued that the appellant was not liable under his guarantee because:

(1) the respondent had failed to comply with s. 4 of the said Act;

(2) the respondent had failed to comply with s. 5 of the said Act;

(3) the respondent had failed to comply with s. 16 of the said Act and with r. 3 of the Hire-Purchase Regulations 1967;

(4) the respondent had faile