CHEK HO SING v 1. ) I-SERVE TRAVEL & TOURS SDN BHD 2. ) DATO ALLAN GOH HWAN HWA 3. ) BONG SOON HENG
Catchwords
Civil Procedure — Trial — Default of appearance — First and second defendants absent and unrepresented — Solicitors discharged — Whether plaintiff still bears burden of proof — Rules of Court 2012, O 35 r 1(2) Civil Procedure — Pleadings — Departure from pleadings — Third defendant raising unpleaded defence of duress during trial — Whether permissible — Whether contrary to rules of natural justice — Rules of Court 2012, O 18 r 10 Contract — Guarantee — Liability of guarantor — Extension of guarantee — Whether guarantor liable for period after expiry of written guarantee — Whether conduct of parties extended guarantee — Whether co-guarantor's payment affirmed guarantee — Whether guarantor estopped from denying liability Contract — Frustration — Self-induced frustration — Freezing and seizure orders under AMLA — Whether frustrating event was self-induced — Whether promisor could have prevented event — Contracts Act 1950, s 57(2) Company Law — Director — Duties — Director signing personal guarantee — Whether director can avoid liability by claiming ignorance or status as 'proxy director' — Whether wilful blindness absolves director of responsibility — Companies Act 2016, ss 213 Evidence — Admission — Conduct — Payment by co-guarantor after expiry of guarantee — Whether amounting to admission of continuing liability — Whether estopped from denying extension of guarantee Contract — Illegality — Contract unenforceable for want of licence — Whether issue of illegality can be raised for first time in written submissions — Whether permissible when not pleaded
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-391-06-2023)