Summary judgment
10 cases · February 2025 to November 2025
Key Issues & Sub-Topics
Order 14 of the Rules of Court 2012 — Claim by bank against borrower (company) and guarantors (directors) — Whether material facts were not pleaded in the statement of claim — Whether the plaintiff concealed facts in the statement of claim — Whether the defendants have a defence on merit — Whether manifest error in the certificate of indebtedness. 2 Islamic financing — Defaulted in repayment of bank facilities — Company was wound up — Guarantee — Guarantors’ liability — Independent guarantee — Whether any of the Defendants’ grounds amount to a bona fide triable issue under Order 14 rule 3 Rules pf Court 2012 — Whether on the evidence the Plaintiff is entitled to judgment as a matter of law — Clause 4 of guarantee — No postponement of liability — No requirement to exhaust securities — Concurrent remedies — Winding-up of principal debtor -Pending appeal irrelevant — Temporary Measures Act 2020 — COVID-19 defence -Statutory protection inapplicable — No triable issue — Bare assertions -Speculative defences — Quantum dispute unsupported — Statement of Account unchallenged — Hypothetical arguments rejected -Commercial certainty — Contractual obligation to pay — Clear and unequivocal guarantee — Order 14 Rules Of Court 2012 1 Order 14 of the Rules of Court 2012 — Claim by plaintiff for repayment of a friendly loan — Whether breach of the loan agreement on the part of defendant — Whether admission by defendant that he has received the loan — Whether the loan agreement is a sham — Whether defendant executed the loan agreement under undue influence — Whether the loan agreement contravened the Moneylending Act 1951. 1 Application under O.14 r.1 ROC 2012 — Whether proceedings ought to be commenced under O.81 ROC 2012 for specific performance or rescission — Whether defendant raised any bona fide triable issue — Contract — Sale and purchase of property — Failure to complete construction and deliver vacant possession within stipulated period — Privity of contract — Effect of Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 Act 2020 — Statutory exclusion of time — Progressive payments — Corporate restructuring and “new management” — Whether SPA lawfully terminated — Refund of purchase price and legal fees 1 Trademark Infringement — Order 14 ROC 2012 — Sections 54(1) and 54(2)(b) of the Trademarks Act 2019 (TMA 2019) 1 Order 14 Rules of Court 2012 — Joint and Several Guarantee — Defence of substitution of guarantor — Conditions precedent for substitution not fulfilled — Burden of proof on defendant — Bare assertions without documentary evidence insufficient — Afterthought defence — Certificate of Indebtedness — Conclusive evidence clause — Third party proceedings not a defence unless third party has discharged claim — Joint and several liability — Not discharged by death, bankruptcy or insolvency of co-guarantors — Freedom of contract — Parties bound by contractual terms. 1 Order 14 Rules of Court 1 Services agreement — Payment due for services provided — Alleged triable issue — Whether the agreement is illegal — Nature of the transaction — Whether it is a Syariah compliant factoring product 1 Borrower’s default — Admission of debt — Certificate of indebtedness as conclusive proof of debt — Pending foreclosure proceedings — Disputed charges — No notice on variation of interest rate — Estoppel — Amended Statement of Claim not filed within 14 days from the date of order granting leave to amend — Procedural irregularity — No miscarriage of justice — No bona fide triable issues — Order 14 Rule 1 and Order 20 Rule 9 of the Rules of Court 2012 1
Order 14 of the Rules of Court 2012 — Claim by bank against borrower (company) and guarantors (directors) — Whether material facts were not pleaded in the statement of claim — Whether the plaintiff concealed facts in the statement of claim — Whether the defendants have a defence on merit — Whether manifest error in the certificate of indebtedness. 2 cases
Islamic financing — Defaulted in repayment of bank facilities — Company was wound up — Guarantee — Guarantors’ liability — Independent guarantee — Whether any of the Defendants’ grounds amount to a bona fide triable issue under Order 14 rule 3 Rules pf Court 2012 — Whether on the evidence the Plaintiff is entitled to judgment as a matter of law — Clause 4 of guarantee — No postponement of liability — No requirement to exhaust securities — Concurrent remedies — Winding-up of principal debtor -Pending appeal irrelevant — Temporary Measures Act 2020 — COVID-19 defence -Statutory protection inapplicable — No triable issue — Bare assertions -Speculative defences — Quantum dispute unsupported — Statement of Account unchallenged — Hypothetical arguments rejected -Commercial certainty — Contractual obligation to pay — Clear and unequivocal guarantee — Order 14 Rules Of Court 2012 1 case
Order 14 of the Rules of Court 2012 — Claim by plaintiff for repayment of a friendly loan — Whether breach of the loan agreement on the part of defendant — Whether admission by defendant that he has received the loan — Whether the loan agreement is a sham — Whether defendant executed the loan agreement under undue influence — Whether the loan agreement contravened the Moneylending Act 1951. 1 case
Trademark Infringement — Order 14 ROC 2012 — Sections 54(1) and 54(2)(b) of the Trademarks Act 2019 (TMA 2019) 1 case
Order 14 Rules of Court 2012 — Joint and Several Guarantee — Defence of substitution of guarantor — Conditions precedent for substitution not fulfilled — Burden of proof on defendant — Bare assertions without documentary evidence insufficient — Afterthought defence — Certificate of Indebtedness — Conclusive evidence clause — Third party proceedings not a defence unless third party has discharged claim — Joint and several liability — Not discharged by death, bankruptcy or insolvency of co-guarantors — Freedom of contract — Parties bound by contractual terms. 1 case
Order 14 Rules of Court 1 case
Services agreement — Payment due for services provided — Alleged triable issue — Whether the agreement is illegal — Nature of the transaction — Whether it is a Syariah compliant factoring product 1 case
Borrower’s default — Admission of debt — Certificate of indebtedness as conclusive proof of debt — Pending foreclosure proceedings — Disputed charges — No notice on variation of interest rate — Estoppel — Amended Statement of Claim not filed within 14 days from the date of order granting leave to amend — Procedural irregularity — No miscarriage of justice — No bona fide triable issues — Order 14 Rule 1 and Order 20 Rule 9 of the Rules of Court 2012 1 case
Court Distribution
Key People & Firms
Cases
ba-22m-64-05-2023
MAYBANK ISLAMIC BERHAD v 1. ) RATENA SARI BINTI SARIAN 2. ) AZMI BIN MOHD ALI
10 November 2025
MYHC
wa-22ncc-254-04-2025
MAK HON LEONG v 1. ) KIRKLEY TEH YEE BEN 2. ) WANG PHANG YEE
3 November 2025
MYHC
ja-22ncvc-54-04-2025
HS HOE SENG TRADING SDN BHD v ERA UNIVERSE DEVELOPMENT SDN BHD
28 October 2025
MYHC
wa-22ip-30-03-2025
The Polo/Lauren Company, L.P. v RCB MARKETING SDN BHD
22 September 2025
MYHC
wa-22ncc-841-11-2024
SABAH DEVELOPMENT BANK BERHAD v YUHANIS KAMIL PIHAK KETIGA ALAM DINGIN SDN. BHD.
1 September 2025
MYHC
pa-22ncvc-174-11-2024
TPJ ENGINEERING SDN. BHD. v 1. ) CERGAS JAYA LOGISTISCS & SUPPLY 2. ) HASSIM BIN NOOR 3. ) LIM SHUE
19 May 2025
MYHC
ba-22ncvc-435-10-2024
LYTE MALAYSIA SDN. BHD. v 1. ) JANWELL PROPERTIES SDN. BHD. 2. ) LIU SONG CHEN 3. ) LAU TSE CHEH
16 March 2025
MYHC
pa-22ncc-67-10-2024
Affin Bank Berhad v 1. ) Cosmic Simulator Leisure Sdn Bhd 2. ) H'ng Ban Choon 3. ) Loh Woei Shan
10 March 2025
MYHC
pa-22ncc-69-10-2024
Affin Bank Berhad v 1. ) Corpa Mill Leisure World Sdn Bhd 2. ) H'ng Ban Choon 3. ) Loh Woei Shan
10 March 2025
MYHC
ba-22ncc-35-02-2024
HONG LEONG BANK BERHAD v 1. ) HARBAN SINGH A/L MULA SINGH 2. ) DATIN JAMILAH BIBI BTE A. ABDUL MAJEED
9 February 2025
MYHC