Malaysia Case Law: Decisions & Judgments

Topic

Order 14 rules of court 2012

Legal area

Court

30 Mar 2026

CELCOMDIGI MOBILE SDN BHD KHOO KAH GENG

Citation

AJ-A72NCC-72-08/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AJ-A72NCC-72-08/2025 (Mahkamah Majistret)

Plaintiff's contemporaneous transaction records (Exhibit A-2) proved the defendant's liability for unpaid customer payments totaling RM74,024.00; the defendant failed to adduce substantive evidence to rebut those records or raise a bona fide triable issue, therefore summary judgment was appropriate and entered for the plaintiff with interest and costs.
30 Dec 2025

TETUAN SALEEM GILL & PARTNERS KHAIRUL ANUAR BIN ABDULLAH

Citation

CF-A72-1-03/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CF-A72-1-03/2025 (Mahkamah Majistret)

Plaintiff satisfied the preliminary requirements of Order 14; service of the bill of costs was valid at the defendant's last known address provided by defendant; comparison of undisputed documents under s73 Evidence Act established the disputed signature was that of the defendant; absent a substantive, particularized defence and with no taxation petition filed under s126(1) within six months, the presumption of bona fide applies and the bill is accepted, therefore summary judgment is warranted for the claimed amount with interest and costs.
2 Aug 2024

BURGESS RAWSON MANAGEMENT SDN. BHD. ARMANEE CONDOMINIUM JOINT MANAGEMENT BODY

Citation

BB-B52NCvC-17-02/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-B52NCvC-17-02/2024 (Mahkamah Sesyen)

Plaintiff proved a clear prima facie entitlement to the unpaid invoices by contemporaneous invoices and admissions, partial payments were accounted for, defendant's allegations and asserted set-off were unsupported and did not raise a triable issue; therefore summary judgment under Order 14 was appropriate and granted with contractual interest and costs.
7 Dec 2023

Suthan a/l Panchadcharam Isha Educare Sdn Bhd

Citation

BA-B52NCC-99-07/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCC-99-07/2023 (Mahkamah Sesyen)

The court granted summary judgment because the auditor's confirmation of balance, unqualified financial statements filed by the Defendant, the Defendant's pleadings and failure to rebut or reply to demand constituted clear admissions and contemporaneous documentary proof of the debt of RM838,672.54; no bona fide triable issue was shown and the burden to disprove shifted to the Defendant who failed to do so.
19 Apr 2023

LEE CHAN FOOK INDAH WATER KONSORTIUM SDN BHD

Citation

CA-11ANCvC-5-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-11ANCvC-5-12/2022 (Mahkamah Tinggi)

The claim was not time-barred because the sewage service constituted a continuous running account with unpaid charges carried forward; the bills were properly served to the defendant's known premises; accordingly the Magistrate's judgment ordering payment was proper and the defendant had no bona fide defence.
21 Nov 2022

SAGAR SINIVASAN ENTERPRISE TEOH POH TIN

Citation

PA-A72NCC-126-05/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA-A72NCC-126-05/2022 (Mahkamah Majistret)

Plaintiff met the statutory conditions for summary judgment and exhibited documentary proof; defendant failed to raise credible sworn evidence of a defence fit to be tried and failed to substantiate alleged payments, therefore summary judgment was granted for the outstanding debt and costs were awarded to plaintiff.
19 Aug 2022

MUJIBUDDIN BIN ZAINUDDIN 1. ) A. GHANI BIN MD TAHIR 2. ) MOHAMAD HAFIDH BIN ABDUL GHANI

Citation

BA-22NCvC-31-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-31-01/2022 (Mahkamah Tinggi)

Summary judgment was granted because plaintiff established entitlement to the RM4,500,000 dividend by documentary evidence and defendants failed to produce affidavit evidence raising any bona fide triable issue or valid documents showing plaintiff authorised payment to third parties; therefore the claim could be decided without a full trial.
20 May 2022

KHOO YEE HWA TAN YEW HOE

Citation

BA-12ANCvC-5-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-5-01/2022 (Mahkamah Tinggi)

The High Court held the Sessions Court correctly applied Order 14: the plaintiff established a prima facie case for RM340,000 and the defendant failed on affidavit evidence to raise a bona fide triable issue as to the loan's characterization; therefore summary judgment was appropriate and the appeal was dismissed.
22 Mar 2022

SAW BUN CHONG (NO. K/P: 551217-08-5027) QIAN HU AQUARIUM AND PETS (M) SDN BHD

Citation

PA-12ANCC-6-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCC-6-05/2021 (Mahkamah Tinggi)

The High Court found there were arguable triable issues—invoices were issued to a different company and several invoices lacked the defendant company's signature or stamp—which the Sessions Court failed to consider; the Sessions Court therefore wrongly exercised its discretion under Order 14 ROC 2012, so summary judgment was set aside and the matter remitted for trial.
4 Jan 2022

KWAN SUE YUAN iHEAL MEDICAL SERVICES SDN BHD

Citation

WA-12ANCvC-130-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-130-04/2021 (Mahkamah Tinggi)

Summary judgment was inappropriate because the plaintiff's claim was founded on allegations of fraud which O.14 r.1(2)(b) bars from summary disposal; the plaintiff's evidential basis (an unsigned, undated one-page internal summary) was insufficient to establish the losses without trial, the voluntariness and admissibility of the defendant's admissions required full testing at trial, and disputed issues concerning employer identity/secondment and applicable notice period were bona fide triable issues; hence the Sessions Court's summary judgment was set aside and the matter remitted for full tr…