FOREST PLANTATION DEVELOPMENT SDN BHD v 1. ) PESONA ELEMEN SDN. BHD. 2. ) ZULKAFLEY BIN MOHAMAD 3. ) MARINI BINTI SAPIAI

wa-22ncc-602-09-2024 High Court (Mahkamah Tinggi) 24 May 2026 • WA-22NCC-602-09/2024 • 20 min read
3 cases cited (0 SG, 3 foreign)

Outcome

For the reasons above, I allowed the claim against D1. I ordered D1 to pay costs of RM 50,000 to P. 79. I dismissed the claim against the 2nd and 3rd Defendants. I ordered P to pay costs of RM 25,000 to the 2nd and 3rd Defendants.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-22ncc-602-09-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Plaintiff claims against the 1st Defendant pursuant to a settlement agreement – Plaintiff also claims the same sum from the 2nd and 3rd Defendants pursuant to a guarantee agreement – Whether the plaintiff’s action is time-barred – Whether the guarantee agreement is enforceable against the 2nd and 3rd Defendants in view of the settlement agreement – Whether the settlement agreement supersedes the guarantee agreement – Whether adverse inference ought to be drawn against the 2nd and 3rd Defendants for not testifying at the trial

Practice Areas

Contract Limitation

Judges (1)

Quay Chew Soon Delivered

Counsel (5)

A. Azidin & Shahrul Firm Seow & Megat Firm Muhammad Alfitri Bin Azman Counsel Plaintiff Muhammad Yassir Rabani bin Ramlan Counsel Defendant Nurun Nadhirah binti Mohd Zamri Counsel Plaintiff

Parties (4)

FOREST PLANTATION DEVELOPMENT Sdn Bhd Plaintiff PESONA ELEMEN Sdn Bhd Defendant Marini binti Sapiai Defendant Zulkafley bin Mohamad Defendant

Statutes Cited

Evidence Act 1950 (Cap 56)
Limitation Act 1953 (Cap 254)

Cases Cited (3)

MY (3)
[1998] 4 MLJ 585 [2015] 3 MLJ 609 [2020] 3 MLJ 692

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-602-09-2024)