PANJALINGAM A/L T K PILLAY v BANK PEMBANGUNAN MALAYSIA BERHAD
Catchwords
Abstract and Keywords Abstract A guarantor sought discharge from his guarantee obligations after secured assets were stripped and devalued from RM100 million to RM1.79 million. The High Court struck out the claim, holding that the plaintiff contracted as a "primary obligor" not a surety, and therefore could not rely on sections 92 and 94 of the Contracts Act 1950 which protect only traditional sureties. The judgment reinforces that statutory protections for sureties do not extend to primary obligors who have contractually assumed direct liability.The claims were also barred by res judicata, limitation, and constituted abuse of process. Keywords Primary obligor, Surety, Guarantee, Striking out, Res judicata, Abuse of process, Limitation
Judges (1)
Case Significance
PANJALINGAM A/L T K PILLAY v BANK PEMBANGUNAN MALAYSIA BERHAD is a High Court (Mahkamah Tinggi) decision dated May 27, 2025 (citation: wa-22ncvc-712-11-2024). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Abstract and Keywords.
What was the outcome of PANJALINGAM A/L T K PILLAY v BANK PEMBANGUNAN MALAYSIA BERHAD?
PANJALINGAM A/L T K PILLAY v BANK PEMBANGUNAN MALAYSIA BERHAD is a High Court decision dated May 27, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-712-11-2024)