KAWAN ENGINEERING SDN BHD v 1. ) NYEW KAM CHENG 2. ) TAN MEE YUAN

ba-22ncc-159-11-2023 High Court (Mahkamah Tinggi) 23 September 2025 • BA-22NCC-159-11/2023 • 13 min read
5 cases cited (0 SG, 5 foreign)

Catchwords

Breach of a Letter of Guarantee - Whether the Letter of Guarantee dated 12 February 2020 was duly executed by the Defendants and is valid and binding on them - Whether the Certificate of Indebtedness dated 11 December 2023 constitutes conclusive proof of the amount due - I find that the Letter of Guarantee was duly executed and therefore existed, was valid, and binding on the Defendants according to its express terms. The Defendants did not adduce cogent evidence to rebut the Plaintiff’s case on execution. A bare denial is insufficient - a certificate of indebtedness issued after the commencement of proceedings cannot, by itself, be treated as conclusive evidence of the amount due in this case - Plaintiff’s claim against both Defendants is allowed.

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (5)

Leong & Tan Firm Wong Tan & Co. Firm Freddy Lim Counsel Defendant Leong Cheok Keng Counsel Plaintiff Muhammad Farhan bin Sapian Sauri Counsel Plaintiff

Parties (3)

KAWAN ENGINEERING Sdn Bhd Plaintiff Nyew Kam Cheng Defendant Tan Mee Yuan Defendant

Case Significance

KAWAN ENGINEERING SDN BHD v 1. ) NYEW KAM CHENG 2. ) TAN MEE YUAN is a High Court (Mahkamah Tinggi) decision dated September 23, 2025 (citation: ba-22ncc-159-11-2023). The case was decided by Noor Hayati binti Haji Mat.

What was the outcome of KAWAN ENGINEERING SDN BHD v 1. ) NYEW KAM CHENG 2. ) TAN MEE YUAN?

KAWAN ENGINEERING SDN BHD v 1. ) NYEW KAM CHENG 2. ) TAN MEE YUAN is a High Court decision dated September 23, 2025. The case was heard by Noor Hayati binti Haji Mat. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)
Evidence Act 1950 (Cap 56)

Cases Cited (5)

MY (5)
[2011] 5 MLJ 428 [2014] 3 MLJ 174 [2015] 6 MLJ 1 [2017] 5 CLJ 418 [2021] MLJU 1254

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncc-159-11-2023)