Malaysia Case Law: Decisions & Judgments

Topic

Order 14 summary judgment

Legal area

Court

10 Apr 2026

1. ) Lim Fung Hsien (sebagai pentadbir harta pusaka Lim Jit Kim @ Lim Tian Jee, si mati) 2. ) Lim Fung Yee (sebagai pentadbir harta pusaka Lim Jit Kim @ Lim Tian Jee, si mati) LESLIE LIM FUNG LI (sebagai pentadbir harta pusaka KHO AY JUNE @

Citation

WA-B52NCC-1688-07/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCC-1688-07/2025 (Mahkamah Sesyen)

The amendment application (Lampiran 19) was refused as not bona fide, filed late without satisfactory explanation and would introduce an afterthought prejudicial to Plaintiffs; the Defendant's counterclaim was struck out (Lampiran 15) for failing to disclose a reasonable cause of action and being contradictory (ex gratia assertions inconsistent with conduct and payments); summary judgment (Lampiran 17) was entered for Plaintiffs for RM462,764.83 because Plaintiffs met Order 14 thresholds and Defendant failed to raise bona fide triable issues regarding entitlement or quantum.
30 Sept 2025

1. ) Lim Wei Ying 2. ) Caramay Malaysian Sdn Bhd TE Electrical Sdn Bhd

Citation

JA-22IP-4-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22IP-4-07/2024 (Mahkamah Tinggi)

Plaintiffs satisfied Order 14 prerequisites and adduced prima facie evidence of infringement under s54 Trademarks Act 2019; the Defendant failed to adduce evidentiary material to raise genuine triable issues (its assertions were bare denials and not supported by documents); therefore summary judgment was appropriate and final remedies (injunction, delivery up/destruction, disclosure of suppliers, inquiry on damages or account of profits and costs) were granted.
25 Oct 2024

Lembaga Kumpulan Wang Simpanan Perkerja 1. ) Ong Ching Mei 2. ) Jalaluddin Bin Mohd Jarjis PIHAK KETIGA 1. ) Yeo Wei Tien Timothy 2. ) Teo Ai Ling

Citation

WA-A52NCvC-614-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-614-08/2023 (Mahkamah Sesyen)

Defendant Second's application to strike out the writ and statement was allowed because he resigned before the prescribed payment period for the March 2020 contribution commenced and therefore the claim against him, as pleaded, disclosed no reasonable cause of action and was an abuse/frivolous in respect of that claim; conversely the plaintiff's application for summary judgment was dismissed because there are genuine triable issues (timing and effectiveness of resignations, validity of unsigned/unprocessed documents, indemnity letters, nominee status and controverted SSM entries) requiring or…
18 Oct 2024

Lembaga Kumpulan Wang Simpanan Pekerja 1. ) WIDAD EDUCATION SDN. BHD. 2. ) MUHAMMAD IKMAL OPAT BIN ABDULLAH 3. ) MOHD RIZAL BIN MOHD JAAFAR

Citation

CA-B52NCvC-5-04/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-B52NCvC-5-04/2024 (Mahkamah Sesyen)

Plaintiff satisfied the requirements for summary judgment under Order 14 by producing unchallenged Form E and Certificate of Indebtedness and establishing that the Third Defendant was a director during the relevant period; the Third Defendant failed to raise any triable issue or prove manifest error, and under s46 EPF Act directors are jointly and severally liable, therefore summary judgment is appropriate against the Third Defendant for the claimed sum and costs.
9 Sept 2024

RHB ISLAMIC BANK BERHAD ALAM MARITIM (L) INC

Citation

WA-22M-1792-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-1792-12/2023 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 prerequisites and established a prima facie case; defendant failed to proffer credible, particularised triable issues (CDRC application immaterial after expungement; no SAC sanction required; Shariah non-compliance alone does not void or prevent enforcement due to IFSA s281; certificate of indebtedness is conclusive absent manifest error); accordingly summary judgment for plaintiff was properly granted with costs.
25 Apr 2024

CIMB BANK BERHAD KOAY LIANG KHENG

Citation

PA-22NCvC-18-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-18-02/2021 (Mahkamah Tinggi)

Defendant's blanket denials were unparticularised and unsupported; documentary evidence showed the defendant signed the Loan Documents at the recorded address and received the loan and made repayments; the conclusive evidence clause and certificate of indebtedness establish the outstanding amount absent evidence to the contrary; defendant failed to raise a bona fide triable issue or reasonably arguable defence, therefore summary judgment was proper against defendant for the certified outstanding sum and costs.
1 Apr 2024

LEE WEI XIANG 1. ) CHEW BEE LENG 2. ) FOO CHUAN SENG

Citation

PA-12ANCC-18-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCC-18-10/2021 (Mahkamah Tinggi)

Defendant's assertions were bare, unsubstantiated by contemporaneous evidence and not fairly arguable; plaintiffs produced documentary evidence (photos, quotations, invoices, messages) proving the claim; no bona fide triable issues existed, so summary judgment was properly entered by the Sessions Court and the appeal is dismissed. The court declined to grant a post-judgment deadline for payment as that would improperly expose a contractual monetary judgment to contempt proceedings without proper application and pleadings.
14 Dec 2023

SIME DARBY PROPERTY (KLANG) SDN. BHD. BALASUNDARAM A/L VENGADALAM (Didakwa sebagai salah seorang Pemegang Jawatan Pertubuhan dan Pengerusi bagi Jawatankuasa Pertubuhan Persatuan Penganut Ajaran Sri Maha Mariamman New Division, Klang, Selang

Citation

BL-22NCvC-20-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-20-05/2023 (Mahkamah Tinggi)

The court found plaintiff is the registered proprietor with indefeasible title; defendant occupied and built the temple without consent; defendant's assertions were unproven, equivocal or contradicted by contemporaneous documents (eviction notices), and therefore did not disclose triable issues under Order 14. Summary judgment was appropriate to grant vacant possession and related reliefs, with damages to be assessed separately.
11 Aug 2023

CHIN HAN SIONG ENRICH GARDEN CITY SDN. BHD.

Citation

CA-A72NCC-55-02/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCC-55-02/2023 (Mahkamah Majistret)

The defendant's letter dated 13.02.2017 was a written, signed acknowledgment of liability addressed to the plaintiff satisfying Sections 26 and 27 of the Limitation Act 1953 and thereby refreshed the cause of action; the plaintiff met the requirements for summary judgment under Order 14 and the defendant failed to raise any triable issue, so summary judgment was granted for the plaintiff with costs.
30 May 2023

Suzilawati Binti Sidek 1. ) Hafizatulazna Binti Mohd Unit 2. ) Tetuan S Mathavan & Nur Hafizah 3. ) Rosmawate Binti Ahmad

Citation

BA-22NCvC-14-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-14-01/2022 (Mahkamah Tinggi)

The Court found the plaintiff's claims identical to matters already litigated and finally determined in earlier High Court and Court of Appeal proceedings; the claims are therefore res judicata and an abuse of process, disclose no reasonable cause of action and are frivolous or vexatious, justifying striking out under Order 18 r.19; the Court cannot set aside or declare void a valid Court of Appeal judgment absent new admissible evidence or proper legal basis.