Chiong Hoe Kean v 1. ) Chiong Hoe Keat 2. ) Alliance Bank Malaysia Berhad

ba-22ncvc-221-06-2022 High Court (Mahkamah Tinggi) 24 April 2025 • BA-22NCvC-221-06/2022 • 19 min read
14 cases cited (0 SG, 14 foreign)

Catchwords

Term Loan Facility Agreement - Joint and several guarantees – bank claiming the amount based on the guaranties - signature on the Joint and Several Letter of Guarantee is a forgery – Plaintiff alleges forgery and procedural defects in the Letter of Guarantee - incorrect address, irregularities in the witnessing process by the Notary Public - Bank’s case rests on the presumption that these documents were duly executed and binding - prematurity and abuse of process – liability under the corporate guarantee - whether the owed sum has been accurately and properly calculated, taking into account instalment payments made - Section 101, 67 and 73(2) of the Evidence Act 1950

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (7)

Anad & Noraini Firm Bestian Ng & Co. Firm Cassandra Lee Chambers Firm Cassandra Lee Counsel Defendant Hoo Yee Huan Counsel Plaintiff Mathew Thomas Philip Counsel Defendant Navamalar a/p A Ganesan Counsel Defendant

Parties (3)

ALLIANCE BANK MALAYSIA BERHAD Defendant Chiong Hoe Kean Plaintiff Chiong Hoe Keat Defendant

Case Significance

Chiong Hoe Kean v 1. ) Chiong Hoe Keat 2. ) Alliance Bank Malaysia Berhad is a High Court (Mahkamah Tinggi) decision dated April 24, 2025 (citation: ba-22ncvc-221-06-2022). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of Chiong Hoe Kean v 1. ) Chiong Hoe Keat 2. ) Alliance Bank Malaysia Berhad?

Chiong Hoe Kean v 1. ) Chiong Hoe Keat 2. ) Alliance Bank Malaysia Berhad is a High Court decision dated April 24, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Evidence Act 1950 (Cap 56)
Rules of Court 2012

Cases Cited (14)

MY (14)
[1995] 3 CLJ 690 [2006] 3 CLJ 544 [2008] 3 MLJ 81 [2014] 7 MLJ 104 [2015] 3 MLJ 609 [2015] 8 CLJ 1 [2019] 6 MLJ 417 [2020] MLJU 871 [2022] MLJU 1848 [2023] MLJU 2144 [2024] MLJU 1852 [2025] MLJU 4124 [2026] MLJU 222 [2026] MLJU 85

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-221-06-2022)