Failure to present the original bank guarantee when making a demand

In Karya Lagenda Sdn Bhd v Kejuruteraan Bintai Kindenko Sdn Bhd & Anor [2007] 6 AMR 13, the Court of Appeal held that since the payment mechanism as contained in the bank guarantee makes no reference or requirement that the original bank guarantee must be produced at the time of demand before payment can be made, it is, therefore, not a contractual requirement.

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