1. ) YONG KOK YEAP 2. ) FANG CHEE PENG v URUSWAJAR CONCRETE SDN BHD

ba-12b-35-04-2025 High Court (Mahkamah Tinggi) 7 January 2026 • BA-12B-35-04/2025 • 16 min read
13 cases cited (0 SG, 13 foreign)

Catchwords

Practice Areas

Judges (1)

Counsel (4)

Parties (3)

Case Significance

1. ) YONG KOK YEAP 2. ) FANG CHEE PENG v URUSWAJAR CONCRETE SDN BHD is a High Court (Mahkamah Tinggi) decision dated January 7, 2026 (citation: ba-12b-35-04-2025). <p>Two directors of a wound-up company appealed against the Sessions Court's judgment holding them liable as guarantors for RM561,471.40 owed by MKP Builders Sdn Bhd for concrete supplies. The High Court dismissed the appeal, finding the directors had signed the Continuing Guarantee & Indemnity for MKP Builders (not a different company as they claimed), the plaintiff was not required to obtain leave under s.471 Companies Act 2016 to sue guarantors, and the reportage defence was not pleaded.</p> The case was decided by Seow Hock Peng. Counsel appearing: Tang Kim Choong (counsel for appellant), Tieh Siaw Siong (counsel for respondent).

Summary

Two directors of a wound-up company appealed against the Sessions Court's judgment holding them liable as guarantors for RM561,471.40 owed by MKP Builders Sdn Bhd for concrete supplies. The High Court dismissed the appeal, finding the directors had signed the Continuing Guarantee & Indemnity for MKP Builders (not a different company as they claimed), the plaintiff was not required to obtain leave under s.471 Companies Act 2016 to sue guarantors, and the reportage defence was not pleaded.

What was the outcome of 1. ) YONG KOK YEAP 2. ) FANG CHEE PENG v URUSWAJAR CONCRETE SDN BHD?

<p>Two directors of a wound-up company appealed against the Sessions Court's judgment holding them liable as guarantors for RM561,471.40 owed by MKP B...

Statutes Cited

Cases Cited (13)

UK (2)
[1956] AC 218 [1961] 2 All ER 294
MY (11)
[1969] 1 MLJ 22 [1980] 2 MLJ 182 [1981] 2 MLJ 10 [1986] 1 MLJ 188 [1987] 1 CLJ 194 [1987] 1 MLJ 302 [1997] 1 MLJ 145 [2006] 2 MLJ 685 [2013] 1 MLJ 449 [2015] 6 MLJ 449 [2021] 5 MLJ 79