Malaysia Case Law: Decisions & Judgments

Topic

Summary judgment under order 14

Legal area

Court

4 Nov 2025

MAK HON LEONG 1. ) KIRKLEY TEH YEE BEN 2. ) WANG PHANG YEE

Citation

WA-22NCC-254-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-254-04/2025 (Mahkamah Tinggi)

Defendant executed and acknowledged the loan agreement; contemporaneous documents (deposit records, indemnity agreement) corroborate full payment; defendant's defences are bare, inconsistent and contradicted by documents and therefore do not raise triable issues under Order 14; summary judgment entered for plaintiff for outstanding RM1,467,116 with interest and costs.
10 Jan 2025

TSR BINA SDN BHD 1. ) LEE CHEE KAY 2. ) LEE CHEE ONN

Citation

WA-22NCvC-469-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-469-07/2024 (Mahkamah Tinggi)

The defendants personally gave an unequivocal undertaking recorded in a consent order; the trigger events occurred; the undertaking is enforceable against them personally (the fact the monies were paid to their company does not absolve them) and there is no triable issue; therefore summary judgment is entered compelling the defendants to pay the RM1,000,000 forthwith.
18 Dec 2024

SHARIKAT SUKMA KEMAJUAN DAN PERUSAHAAN SDN. BHD. REI HOLDINGS SDN. BHD.

Citation

JA-22C-2-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-2-05/2024 (Mahkamah Tinggi)

Defendant failed to establish any bona fide triable issue: JLM's contemporaneous confirmation negated alleged permit breaches; fraud and conspiracy allegations were unpleaded until after the summary application and unsupported by documents; defendant had not objected to account statements or deliveries (giving rise to estoppel). Consequently plaintiff satisfied Order 14 prerequisites and is entitled to summary judgment, and defendant's counterclaim discloses no reasonable cause of action and is struck out under Order 18 r.19.
21 Nov 2024

1. ) EAST WEST COLLEGE SDN BHD 2. ) EASTWEST EDU SDN BHD 3. ) NUR DIYANAH BINTI ABDUL MURAD 4. ) HABIBAH BINTI MOHD JONED 5. ) SHABISMI BINTI MOHD SHARIF AMBANK (M) BERHAD

Citation

WA-12ANCC-41-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-41-06/2023 (Mahkamah Tinggi)

Cheques underlying the alleged settlement were returned so no full settlement occurred; the Certificate of Indebtedness corresponding to the restructured account is conclusive absent manifest error which was not shown; CGC arrangements do not prevent the bank from suing the appellants for full recovery; no bona fide triable issue exists, therefore summary judgment was appropriate and the Sessions Court's decision is affirmed.
5 Nov 2024

CHUA KIEW HUA 1. ) LOW CHIN CHOY 2. ) LOW AH PENG 3. ) LOW TI 4. ) LOW KONG BING 5. ) LOW KONG SENG 6. ) LOW KWONG THIN

Citation

BA-12ANCvC-15-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-15-03/2024 (Mahkamah Tinggi)

Summary judgment was appropriate because plaintiffs satisfied Order 14 prerequisites and defendant failed to raise a triable issue: the lease had expired, there was no renewal or consent, notice to vacate was issued and defendant held over; under section 28(4)(a) Civil Law Act 1956 landlord is entitled to double rent for holding over.
8 Oct 2024

ISC SDN BHD LE BOURNE SDN. BHD.

Citation

BL-12ANCC-2-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12ANCC-2-05/2024 (Mahkamah Tinggi)

The appellate court found the Session Court correctly applied Order 14 principles, that the plaintiff met the preconditions for summary judgment and the defendant failed to demonstrate a real triable issue; the trial judge properly appreciated affidavits and contemporaneous emails showing the respondent acted in accordance with the contract and that the appellant had given confirmations; therefore the summary judgment was properly granted and the appeal was dismissed.
27 Sept 2024

YONG KOK YEAP PRECIOUS CONCRETE SDN. BHD.

Citation

B-02(IM)(NCvC)-1739-10/2023 (Mahkamah Rayuan)
Court

IM
Case number

B-02(IM)(NCvC)-1739-10/2023 (Mahkamah Rayuan)

Summary judgment was properly granted because the defendant executed the joint and several guarantee and accepted its terms, the plaintiff proved supply by contemporaneous delivery notes and exhausted remedies against the principal company, the guarantee's clause making a written statement of indebtedness conclusive applied, and the defendant failed to raise any triable issue on affidavit; therefore defendant was jointly and severally liable for RM3,223,503.56 and the High Court judgment was affirmed.
30 Aug 2024

HSBC BANK MALAYSIA BERHAD TAN HWA TONG

Citation

CA-A52NCC-96-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A52NCC-96-12/2023 (Mahkamah Sesyen)

Plaintiff satisfied the requirements for summary judgment under Order 14; status of securities is not a precondition to pursuing a debt; the contractual certificate of indebtedness is conclusive under the loan documents; the defendant failed to demonstrate triable issues on developer claims, negligence or unenforceability of interest, therefore summary judgment is appropriate.
15 Jan 2024

Kerajaan Malaysia 1. ) DREAMEDGE SDN. BHD. 2. ) KHAIRIL ADRI BIN ADNAN

Citation

BA-21NCvC-65-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-65-08/2022 (Mahkamah Tinggi)

The Court held that the Limitation Act defence could not automatically defeat a government tax recovery claim because the proviso to section 33 Limitation Act 1953 excludes proceedings by the Government to recover tax; Mahawira was distinguishable and the Court must examine service compliance under sections 96 and 145 ITA 1967 — finding the Second Defendant was not served in accordance with the Act so the claim against him failed, while the claim against the First Defendant proceeded and summary judgment was appropriate under section 106 ITA 1967 against the company.
25 Oct 2023

ACOUSTRO CORPORATION SDN BHD TEAM BJ DESIGN & CONTRACTS SDN BHD

Citation

JA-12AC-1-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12AC-1-07/2022 (Mahkamah Tinggi)

The Sessions Court correctly found the defendant met the Order 14 r.5 prerequisites and adduced supporting evidence; the plaintiff failed to file a timely affidavit and did not plead specific material defences or set-off to raise triable issues; burden shifted to plaintiff who failed to rebut, therefore summary judgment on the defendant's counterclaim was properly entered and is confirmed on appeal.