CIVIL PROCEDURE: Summary judgment
11 cases · January 2024 to May 2026
Case Volume by Year
4 24
4 25
3 26
2024–2026
Key Issues & Sub-Topics
Application under Order 14 Rules of Court 2012 — Whether defendant raised any bona fide triable issue — Whether guarantees and debt repayment agreement created personal liability — Whether certificate of indebtedness constituted conclusive evidence of amount owing — Whether second Guarantee was a continuing guarantee covering “any and all amount owing” — Whether email correspondence amounted to admissions of indebtedness and repayment obligations — Effect of winding up of CK Rubber on defendant’s personal obligations — Whether absence of affidavits from Kelvin Tan and Siu Chin created triable issues 1 Rules of Court 2012, Order 14 — Primary and secondary liability — Guarantor acting as a principal debtor — Contract of indemnity — Whether guarantor discharged from liability under section 86 of the Contracts Act 1950 by reason of a Consent Judgment recorded between plaintiff and principal debtor 1 Rules of Court 2012, Order 14 — Application for outstanding balance due under contracts for supply and delivery of medical equipment — Whether there was an unequivocal admission of indebtedness — Debtor making substantial part payments and requesting extensions of time via open correspondence — Whether conduct and part payment constituted cogent evidence of admission of liability — Whether without prejudice privilege applied to admissions made in commercial correspondence — Contract: Breach — Debt — Claims for outstanding principal sum and contractually agreed interest — Defence of accord and satisfaction — Defendant unilaterally proposing a lower payment of RM7.5 million as full and final settlement — Plaintiff expressly rejecting the proposal via correspondence — Whether unilateral terms could constitute a concluded agreement for accord and satisfaction — Interest: Contractual interest — Invoices stipulating interest at 12% per annum but Plaintiff claiming a lower rate of 5% per annum — Absence of contemporaneous objections by the Defendant — Whether interest claim sustainable — Practice and Procedure: Triable issues — Defences of vagueness and non-performance raised only after commencement of legal proceedings — Failure of commercial parties to raise disputes promptly — Whether defences constituted mere afterthoughts or bona fide triable issues — Summary judgment allowed. 1 O14 ROC — preliminary objection — Plaintiff's affidavit affirmed in India before notary public — whether notarization contravened O 41 r12 ROC — whether declaratory reliefs can be prayed in O 14 application — O14 r (1)&(2) — affidavit in reply does not dispute facts in affidavit in support — TRUSTS: Resulting trust — Plaintif and defendant are siblings — deposit and purchase price paid by plaintiff — property registered in names of plaintiff and defendant — plaintiff paid quit rent, assessment and utilities — whether resulting trust created — whether court can make finding of resulting trust in O14 application CIVIL PROCEDURE: Striking out — counterclaim — 018 r19(1)(a),(b) and/or (d) — plaintiff's affidavit sworn before notary in India — whether notarization is in compliance with O41 r12 ROC — whether counterclaim is obviously unsustainable 1 Order 14 application — Requirements for summary judgment — Whether plaintiff has satisfied preliminary requirements — Whether defendants have raised triable issues — Standard of proof for establishing triable defence — Whether mere assertions constitute credible evidence — Whether documentary evidence establishes clear liability 1 Order 14 applications — Prima facie case establishment — Burden of proof shifting to defendant — Whether defendant has triable defence — Whether bare denials constitute genuine defence — Sufficiency of documentary evidence 1 Order 14 Rules of Court 2012 — Triable issues — Whether defendant raised valid triable issues — Whether prima facie case established — Whether burden of proof satisfied — Striking out pleadings — Order 18 Rule 19 Rules of Court 2012 — Whether counterclaim obviously unsustainable — Whether pleadings frivolous or vexatious — Whether counterclaim constitutes abuse of process 1 Striking out — Whether triable issues exist — Whether pleadings sufficiently establish cause of action — Whether reliance on letter of undertaking properly pleaded — Whether certificate of indebtedness establishes liability — Whether full trial necessary to interpret contractual obligations — Whether contractual interpretation can be determined summarily — Whether procedural deficiencies preclude summary judgment 1 Triable issues — Whether the put option notice was validly issued — Whether the 2nd and 3rd defendants have been discharged from their obligations — Whether the letter of demand was properly served on the 2nd and 3rd defendants 1 Triable issues — Whether defendant had unequivocally admitted to debt — Whether payment condition in hardware maintenance agreement a triable issue — Whether defendant's claim against third party a triable issue 1 Whether there is manifest error in certificate of indebtedness — Whether certificate of indebtedness must be provided beforehand — Whether there are triable issues 1
Application under Order 14 Rules of Court 2012 — Whether defendant raised any bona fide triable issue — Whether guarantees and debt repayment agreement created personal liability — Whether certificate of indebtedness constituted conclusive evidence of amount owing — Whether second Guarantee was a continuing guarantee covering “any and all amount owing” — Whether email correspondence amounted to admissions of indebtedness and repayment obligations — Effect of winding up of CK Rubber on defendant’s personal obligations — Whether absence of affidavits from Kelvin Tan and Siu Chin created triable issues 1 case
Rules of Court 2012, Order 14 — Primary and secondary liability — Guarantor acting as a principal debtor — Contract of indemnity — Whether guarantor discharged from liability under section 86 of the Contracts Act 1950 by reason of a Consent Judgment recorded between plaintiff and principal debtor 1 case
Rules of Court 2012, Order 14 — Application for outstanding balance due under contracts for supply and delivery of medical equipment — Whether there was an unequivocal admission of indebtedness — Debtor making substantial part payments and requesting extensions of time via open correspondence — Whether conduct and part payment constituted cogent evidence of admission of liability — Whether without prejudice privilege applied to admissions made in commercial correspondence — Contract: Breach — Debt — Claims for outstanding principal sum and contractually agreed interest — Defence of accord and satisfaction — Defendant unilaterally proposing a lower payment of RM7.5 million as full and final settlement — Plaintiff expressly rejecting the proposal via correspondence — Whether unilateral terms could constitute a concluded agreement for accord and satisfaction — Interest: Contractual interest — Invoices stipulating interest at 12% per annum but Plaintiff claiming a lower rate of 5% per annum — Absence of contemporaneous objections by the Defendant — Whether interest claim sustainable — Practice and Procedure: Triable issues — Defences of vagueness and non-performance raised only after commencement of legal proceedings — Failure of commercial parties to raise disputes promptly — Whether defences constituted mere afterthoughts or bona fide triable issues — Summary judgment allowed. 1 case
O14 ROC — preliminary objection — Plaintiff's affidavit affirmed in India before notary public — whether notarization contravened O 41 r12 ROC — whether declaratory reliefs can be prayed in O 14 application — O14 r (1)&(2) — affidavit in reply does not dispute facts in affidavit in support — TRUSTS: Resulting trust — Plaintif and defendant are siblings — deposit and purchase price paid by plaintiff — property registered in names of plaintiff and defendant — plaintiff paid quit rent, assessment and utilities — whether resulting trust created — whether court can make finding of resulting trust in O14 application CIVIL PROCEDURE: Striking out — counterclaim — 018 r19(1)(a),(b) and/or (d) — plaintiff's affidavit sworn before notary in India — whether notarization is in compliance with O41 r12 ROC — whether counterclaim is obviously unsustainable 1 case
Order 14 application — Requirements for summary judgment — Whether plaintiff has satisfied preliminary requirements — Whether defendants have raised triable issues — Standard of proof for establishing triable defence — Whether mere assertions constitute credible evidence — Whether documentary evidence establishes clear liability 1 case
Order 14 applications — Prima facie case establishment — Burden of proof shifting to defendant — Whether defendant has triable defence — Whether bare denials constitute genuine defence — Sufficiency of documentary evidence 1 case
Order 14 Rules of Court 2012 — Triable issues — Whether defendant raised valid triable issues — Whether prima facie case established — Whether burden of proof satisfied — Striking out pleadings — Order 18 Rule 19 Rules of Court 2012 — Whether counterclaim obviously unsustainable — Whether pleadings frivolous or vexatious — Whether counterclaim constitutes abuse of process 1 case
Striking out — Whether triable issues exist — Whether pleadings sufficiently establish cause of action — Whether reliance on letter of undertaking properly pleaded — Whether certificate of indebtedness establishes liability — Whether full trial necessary to interpret contractual obligations — Whether contractual interpretation can be determined summarily — Whether procedural deficiencies preclude summary judgment 1 case
Triable issues — Whether the put option notice was validly issued — Whether the 2nd and 3rd defendants have been discharged from their obligations — Whether the letter of demand was properly served on the 2nd and 3rd defendants 1 case
Triable issues — Whether defendant had unequivocally admitted to debt — Whether payment condition in hardware maintenance agreement a triable issue — Whether defendant's claim against third party a triable issue 1 case
Whether there is manifest error in certificate of indebtedness — Whether certificate of indebtedness must be provided beforehand — Whether there are triable issues 1 case
Key Statutes
Rules of Court 2012
cited in 10 cases Contracts Act 1950 (Cap 136)
cited in 2 cases Specific Relief Act 1950 (Cap 137)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
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