Date and Time: Tuesday, 6 December 2022 10:13:00PM MYT

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1. MAYBAN FINANCE BERHAD v MOHD. JAFARI BIN ARIFFIN

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 MAYBAN FINANCE BERHAD v MOHD. JAFARI BIN ARIFFIN
CaseAnalysis
| [2003] MLJU 121

MAYBAN FINANCE BERHAD v MOHD. JAFARI BIN ARIFFIN

[2003] MLJU 121

Court: Malaysia High Court

Judges: SURIYADI J

Judgment Date: 27/3/2003

Catchwords & Digest

Banking — Banks and banking business — Loan agreement — Conditions precedent — Non fulfilment of
conditions precedent prior to utilization offacility — Whether plaintiff had absolute discretion to waive
conditions precedent priorto disbursement of facility

Contract — Guarantee — Consideration — Whether guarantee was obtained before disbursement of facility
— Whether plaintiff should claim from guarantor before taking action against defendant

Summary : The plaintiff granted a revolving facility of RM300,000 to the defendant. The defendant had
utilized the facility but defaulted in the repayment thereof. Consequently, the plaintiff commenced this action to sue
the defendant for the recovery of the sum owed. In resisting the plaintiff’s claim, the defendant raised the
following issues: (a) whether there was a failure on the part of the plaintiff to secure the guarantee of Credit
Corporation Malaysia Bhd (‘CGCB’) before disbursing the facility; (b) whether the facility was
disbursed before the defendant placed the fixed deposit as security for the facility; (c) whether the plaintiff should
have sent a notice to terminate the facility; and (d) whether the plaintiff should claim from CGCB before taking
action against the defendant. In respect of issue (b), the defendant alleged that he did not place any fixed deposit
with the plaintiff.

Cases considered by this case

SOUTHERN BANK BHD v SHIN HUAT JOO 30/4/1998

HC
ENTERPRISE SDN BHD & ORS

[1998] 3 CLJ 941

Referred
 Page 2 of 2
MAYBAN FINANCE BERHAD v MOHD. JAFARI BIN ARIFFIN

cautionaryBANK
BUMIPUTRA MALAYSIA BHD KUALA 7/4/1993
MYSC
TRENGGANU v MAE PERKAYUAN SDN BHD &ANOR

[1993] 2 CLJ 495; [1993] 2 MLJ 76; [1993] MLJU 592

Referred

positiveNM
ROTSCHILD & SONS (S) LTD & ORS v 29/2/1988
SGOCJ
RUMAH NANAS RUBBER ESTATES SDN BHD

[1988] 2 MLJ 210

Referred

Legislation considered by this case

Legislation Name & Jurisdiction Provisions

Clause 5.01
Peraturan-Peraturan (Am) Keselamatan Sosial (Acara Jemaah Rayuan
Keselamatan Sosial) 1976

End of Document