Malaysia Case Law: Decisions & Judgments

Topic

Triable issue

Legal area

Court

22 Dec 2025

I-BON ELECTRICAL ENGINEERING SDN BHD JUARA TERNOBAT SDN. BHD.

Citation

JA-A52NCC-100-02/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCC-100-02/2025 (Mahkamah Sesyen)

Plaintiff satisfied O.14 requirements and established a prima facie case; the defendant's denials were bare, unsubstantiated and inconsistent with contemporaneous documents and payments, and the requirement for final site measurement was waived by the defendant's conduct, therefore the defendant failed to raise any bona fide triable issue and summary judgment should be entered for the plaintiff.
23 Jul 2025

1. ) VITAL LIVING EMPIRE SDN BHD 2. ) SASHITHERAN A/L KANAGASABAPATHI 3. ) VIGNESWARAN A/L AH WALI ELEGANT GROUP SDN BHD

Citation

WA-12ANCvC-16-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-16-02/2025 (Mahkamah Tinggi)

The High Court held the Sessions Court was plainly wrong to order summary judgment because the Plaintiffs had pleaded fraud/misrepresentation and contested formation of a Second Contract (LGI) which raised genuine triable issues that could not be resolved summarily, and therefore the counterclaim required full trial; failure to file an opposing affidavit did not negate the sufficiency of the pleadings to raise triable issues.
10 Mar 2025

AFFIN BANK BERHAD 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN

Citation

WA-22NCC-225-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-225-04/2024 (Mahkamah Tinggi)

The court found the plaintiff produced valid Certificates of Indebtedness under the facilities agreement which are conclusive absent manifest error; the defendants' single short affidavit contained bare allegations and general denials without particulars and was inconsistent with contemporaneous documents; therefore the defendants failed to establish any triable issue and summary judgment for the plaintiff was properly granted with costs RM1,500.00.
10 Jan 2025

SAFEMINE MINERALS SDN. BHD. Tee Joo Teik [Selaku wasi harta pusaka Encik Bong Yam Keng (Si Mati)

Citation

WA-12ANCC-60-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-60-06/2024 (Mahkamah Tinggi)

No triable issue existed to defeat summary judgment: the defendant judicially admitted the loan; the alleged agreement relied on was unsupported, contradicted by its wording and date, and lacked corroborating affidavits or contemporaneous documentation; the defendant's non-reply to demand diminished credibility; accordingly the High Court dismissed the appeal and upheld summary judgment.
7 Jan 2025

A.T. TAXATION SDN BHD PERUNDING JURU JASA SDN BHD

Citation

JA-A72NCC-1256-07/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCC-1256-07/2024 (Mahkamah Majistret)

Plaintiff met the Order 14 prerequisites (service, appearance, compliant supporting affidavit with invoices) and defendant failed to file any affidavit in reply or evidential material to show a triable issue; therefore summary judgment was properly entered for the plaintiff for the claimed debt with costs.
10 Dec 2024

1. ) WONG SK HOLDINGS SDN BHD 2. ) WONG SHEE KAI CHOW ZEE NENG

Citation

WA-22NCC-516-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-516-08/2024 (Mahkamah Tinggi)

The Court found the Contract and Payment Agreement expressly and unambiguously made the Defendant personally liable for the RM1,500,000; the Defendant produced no contemporaneous evidence of an agency relationship or any condition absolving his liability and therefore failed to show any bona fide triable issue; summary judgment was proper and was granted for the Plaintiffs.
22 Apr 2024

PEN EXPRESS WORLDWIDE (M) SDN BHD ASIA GLOBAL TOTAL LOGISTICS SDN BHD

Citation

PA-12ANCC-5-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCC-5-05/2023 (Mahkamah Tinggi)

Documentary evidence and email correspondence established that the claimant provided services to and invoiced the defendant, the particulars in the statement of claim matched the exhibited invoices, and the defendant produced only bare, unparticularised denials which did not disclose a fairly arguable defence or a bona fide triable issue; accordingly the High Court dismissed the appeal and upheld the Sessions Court's summary judgment under Order 14.
4 Apr 2024

BINA PRAGMATIK SDN. BHD. JOVIAN MANDAGIE

Citation

WA-22NCC-298-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-298-05/2023 (Mahkamah Tinggi)

Defendant failed to discharge the burden to show any bona fide triable issue: the investment assertion was unparticularised, lacked corroborative documents, was inconsistent with conduct and the failure to respond to demand rendered the contention inherently improbable; therefore summary judgment for the plaintiff was proper.
2 Apr 2024

CEKAP AIR SDN. BHD. JOVIAN MANDAGIE

Citation

WA-22NCC-314-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-314-05/2023 (Mahkamah Tinggi)

The Defendant failed to particularise or provide any documentary evidence to substantiate the claim that the RM5,000,000.00 was an investment; bare assertions and conduct were inconsistent with an investment and did not establish a bona fide triable issue; accordingly, on the authorities governing Order 14 the Plaintiff was entitled to summary judgment.
6 Feb 2024

CBE Tech Sdn Bhd Flolink Bina Sdn Bhd

Citation

PA-12ANCvC-41-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-41-05/2021 (Mahkamah Tinggi)

The High Court held there was no triable issue defeating the summary judgment: contemporaneous documents (CPC, Forms G5/G6, water authority letter, CCC, and D’s own PC13 and part-payment) established completion and admission of liability, and the disputes raised concerned a separate counterclaim or issues not material to P’s claim; consequently the Sessions Court’s grant of summary judgment was affirmed and the appeal dismissed with costs.