Summary judgment
21 cases · July 2023 to April 2026
Case Volume by Year
1 23
6 24
11 25
3 26
2023–2026
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 Order 14 Rule 1 Rules of Court 2012 — prima facie case — bona fide triable issue — plain and obvious case — banking facility — ship financing — vessel mortgage — statutory mortgage — admiralty in rem proceedings — judicial sale — sale proceeds — maritime priorities — Sheriff's commission — Sheriff's costs and expenses — mortgagee claim — conclusive evidence clause — certificate of indebtedness — Statement of Account — manifest error — fraud exception — bare denial — afterthought — adverse inference — letter of demand — notice of default — debt restructuring proposal — waiver of interest — admission by conduct — guarantor liability — joint and several liability — principal debtor — irrevocable guarantee — co-extensive liability — independent defence — non est factum — discharge of guarantor — variation without consent — balance of probabilities — burden of proof — evidential burden — section 24 Courts of Judicature Act 1964 — Order 14 Rules of Court 2012. 1 parties that can sue and be sued under contract — without prejudice letter issued after settlement reached — estoppel-knowledge of the solicitors is imputed on their clients 1 Order 14 of the Rules of Court 2012 — Whether defendants breached moneylending agreement — Whether defendants signed letter of guarantee — Whether defendants received notice of default from plaintiff — Whether certificate of indebtedness is conclusive 1 Order 14 Rules of Court 2012 — Investment Agreement — Directors’ personal guarantee — Guarantors’ liability — Joint and several liability — Corporate default — Acknowledgment of debt — Letter of admission — Winding up of company — Event of default — Enforcement of guarantee — Whether liability of principal debtor must first be proven — Whether guarantee constitutes indemnity — Triable issues — Bona fide defence — No triable issue — Clear and unambiguous guarantee — Debt due and payable — Summary judgment allowed. 1 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 Striking out counterclaim — Tenancy Agreement — Bare assertion of renewal of tenancy — Breach of the option to purchase clause — Right of first refusal — Defence of set-off not pleaded — Special damages claimed in summary judgment was not pleaded in statement of claim — Affidavit evidence adduced not challenged — Prayer for damages to be assessed does not preclude the court ordering final summary judgment with the damages as assessed based on such affidavit evidence — Whether there are bona fide triable issues 1 O. 14 Rules of Court 2012 — Banking facilities — Default in repayment — Certificate of Indebtedness — Conclusive proof unless challenged — Revocation of payment holiday — Deemed service under facilities agreement — Submission from the bar — Issue not pleaded or verified by affidavit inadmissible — Estoppel by conduct — Silence upon receipt of demand letters — Bare denials — Guarantors' liability co-extensive with borrower — No bona fide defence shown. 1 Order 14 Rules of Court 2012 — Banking Facilities — Default in payment — Certificate of Indebtedness as conclusive evidence — Conclusiveness of Certificate under Facilities Agreement, Charge and Guarantee — Burden on defendant to demonstrate manifest error — Failure to particularise challenge to Certificate — No triable issue — Concurrent remedies — Right of bank to simultaneously pursue legal action and foreclosure proceedings — Admissions by defendants via settlement correspondence — Bare denials insufficient — Raising new issues via submissions contrary to pleaded case — Change in position affecting credibility 1 O14 ROC 2012 Credit facilities were provided to the 1st, 2nd, and 3rd Defendants. Whether trial issue sown Whether the charger should be exhausted first. Effect of 2nd and 3rd Defendants as principal debtors Effect of Certificate of Indebtedness Whether the Plaintiff failed to justify the amount owed. 1 Order 14 Rules of Court 2012 — Marketing and Operational Consulting Agreement — Guarantee and Indemnity — Authority to execute guarantee — Ostensible authority — Turquand rule — Indoor management rule — Counterclaim — Order 15 Rule 3 ROC — Non-compliance with procedural requirements — Arbitration — Effect of Court of Appeal Stay Order — Amendment of Counterclaim — Order 20 Rule 5 ROC — Whether amendment bona fide — Whether tactical maneuver — Requirement to first counterclaim against plaintiff before joining other parties 1 Order 81 Rule 1 of the Rules of Court 2012 — Specific performance of put and call option agreements and damages in lieu thereof — Personal guarantee — Failure to complete purchase pursuant to exercise of put option agreements — Validity and enforceability of put option notices — Whether notice was ambiguous — Partial performance of put and call option agreements — Defects in notices are not fundamental — Commercial coherence of agreements — Construction of agreements — Failure to raise any triable issue 1 striking out counterclaim — main claim and counterclaim contain same issues — loan facility — interest rate variation — whether restructuring discharges guarantors — acknowledgement of debt 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
Order 14 Rule 1 Rules of Court 2012 — prima facie case — bona fide triable issue — plain and obvious case — banking facility — ship financing — vessel mortgage — statutory mortgage — admiralty in rem proceedings — judicial sale — sale proceeds — maritime priorities — Sheriff's commission — Sheriff's costs and expenses — mortgagee claim — conclusive evidence clause — certificate of indebtedness — Statement of Account — manifest error — fraud exception — bare denial — afterthought — adverse inference — letter of demand — notice of default — debt restructuring proposal — waiver of interest — admission by conduct — guarantor liability — joint and several liability — principal debtor — irrevocable guarantee — co-extensive liability — independent defence — non est factum — discharge of guarantor — variation without consent — balance of probabilities — burden of proof — evidential burden — section 24 Courts of Judicature Act 1964 — Order 14 Rules of Court 2012. 1 case
parties that can sue and be sued under contract — without prejudice letter issued after settlement reached — estoppel-knowledge of the solicitors is imputed on their clients 1 case
Order 14 of the Rules of Court 2012 — Whether defendants breached moneylending agreement — Whether defendants signed letter of guarantee — Whether defendants received notice of default from plaintiff — Whether certificate of indebtedness is conclusive 1 case
Order 14 Rules of Court 2012 — Investment Agreement — Directors’ personal guarantee — Guarantors’ liability — Joint and several liability — Corporate default — Acknowledgment of debt — Letter of admission — Winding up of company — Event of default — Enforcement of guarantee — Whether liability of principal debtor must first be proven — Whether guarantee constitutes indemnity — Triable issues — Bona fide defence — No triable issue — Clear and unambiguous guarantee — Debt due and payable — Summary judgment allowed. 1 case
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
Striking out counterclaim — Tenancy Agreement — Bare assertion of renewal of tenancy — Breach of the option to purchase clause — Right of first refusal — Defence of set-off not pleaded — Special damages claimed in summary judgment was not pleaded in statement of claim — Affidavit evidence adduced not challenged — Prayer for damages to be assessed does not preclude the court ordering final summary judgment with the damages as assessed based on such affidavit evidence — Whether there are bona fide triable issues 1 case
O. 14 Rules of Court 2012 — Banking facilities — Default in repayment — Certificate of Indebtedness — Conclusive proof unless challenged — Revocation of payment holiday — Deemed service under facilities agreement — Submission from the bar — Issue not pleaded or verified by affidavit inadmissible — Estoppel by conduct — Silence upon receipt of demand letters — Bare denials — Guarantors' liability co-extensive with borrower — No bona fide defence shown. 1 case
Order 14 Rules of Court 2012 — Banking Facilities — Default in payment — Certificate of Indebtedness as conclusive evidence — Conclusiveness of Certificate under Facilities Agreement, Charge and Guarantee — Burden on defendant to demonstrate manifest error — Failure to particularise challenge to Certificate — No triable issue — Concurrent remedies — Right of bank to simultaneously pursue legal action and foreclosure proceedings — Admissions by defendants via settlement correspondence — Bare denials insufficient — Raising new issues via submissions contrary to pleaded case — Change in position affecting credibility 1 case
O14 ROC 2012 Credit facilities were provided to the 1st, 2nd, and 3rd Defendants. Whether trial issue sown Whether the charger should be exhausted first. Effect of 2nd and 3rd Defendants as principal debtors Effect of Certificate of Indebtedness Whether the Plaintiff failed to justify the amount owed. 1 case
Order 81 Rule 1 of the Rules of Court 2012 — Specific performance of put and call option agreements and damages in lieu thereof — Personal guarantee — Failure to complete purchase pursuant to exercise of put option agreements — Validity and enforceability of put option notices — Whether notice was ambiguous — Partial performance of put and call option agreements — Defects in notices are not fundamental — Commercial coherence of agreements — Construction of agreements — Failure to raise any triable issue 1 case
striking out counterclaim — main claim and counterclaim contain same issues — loan facility — interest rate variation — whether restructuring discharges guarantors — acknowledgement of debt 1 case
Key Statutes
Rules of Court 2012
cited in 11 cases Companies Act 2016 (Cap 777)
cited in 2 cases Contracts Act 1950 (Cap 136)
cited in 2 cases Islamic Financial Services Act 2013
cited in 1 case Singapore Trade Marks Act 1998
cited in 1 case UK Trade Marks Act 1994
cited in 1 case Arbitration Act 2005 (Cap 646)
cited in 1 case Specific Relief Act 1950 (Cap 137)
cited in 1 case Courts of Judicature Act 1964 (Cap 91)
cited in 1 case Evidence Act 1950 (Cap 56)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Sidek Teoh Wong & Dennis 2 Gunaseelan & Associates 1 S N Yap & Associates 1 Rosli Dahlan Saravana Partnership 1 Carmen & Fiona 1 Shobana M & Associates 1 Alias, Kang, Ungku Mas & Associates 1 Teja Singh Penesar & Co 1 Sukumar Karuppiah & Co. 1 Tang Hong & Lock 1 Randy Chew & Co. 1 James Monteiro 1 Raj, Ong & Yudistra 1 Jal & Lim 1 KS Chew & Associates 1
Top Lawyers
Munirah Mustapha 1 Kuamaradevan Rajadevan 1 Bahari Yeow Tien Hong 1 Danny Soon Hon Ming 1 Ng Carmen 1 Jeyakumar A/L C Sundralingam 1 Shobana Mala A/P Krishnan 1 Amit Singh Penesar 1 Sukumar Karuppiah 1 Lock Jun Qi 1 Chew Beng Han Randy 1 Ahmad Ismail bin Azhar 1 Joshua Ho Fung Lym 1 Vishal V Kumar 1 Prem Sanghvi 1
Cases
wa-22ncc-812-11-2025
BANK PEMBANGUNAN MALAYSIA BERHAD v 1. ) EPIC INDUSTRI (M) SDN BHD 2. ) SAIDI BIN AB RAHIM 3. ) MUHAMMAD SYAFIQ ISYRAF BIN SAIDI
14 April 2026
MYHC
ba-12ancc-32-08-2025
1. ) MY DENTAL CARE SDN. BHD. 2. ) ASLAM BACHO 3. ) MDC ASIA LINK BERHAD 4. ) ZEEFITRI SANIAH BINTI BIDIN v 1. ) AZAHAR BIN YAAKUB @ ARIFFIN 2. ) NORASMAHAN BT MURIDAN 3. ) SUDIRMAN BIN ZAINAL ABIDIN 4. ) SITI RABIAH BINTI NASRUDIN 5. ) ROZIAH BINTI MOHAMED RASIP 6. ) FADZIL BIN ZAINOL ABIDIN 7. ) MOHD NIZAM BIN SABDIN 8. ) MOHD HAFEZ BIN M. YUSUF
26 February 2026
MYHC
wa-22ncc-366-06-2025
PAC LEASE BERHAD v 1. ) PARAGRENE LAND BERHAD (DAHULUNYA DIKENALI SEBAGAI PARAGRENE LAND SDN. BHD.) 2. ) WAN NASIR BIN WAN MUSTAFHA 3. ) WAN NOR HAYATI BINTI WAN MUSTAFHA 4. ) GREGORY AMOS YOON PENG SUM
27 January 2026
MYHC
wa-22ncc-828-11-2024
DATO' DR SUHAINI BIN KADIMAN v 1. ) CHANG AI NEE 2. ) DATO' CHOONG CHEE MENG
22 December 2025
MYHC
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
ba-22ncvc-255-06-2024
LOW WEE HENG v MY US FOOD SDN BHD
16 December 2024
MYHC
wa-22ncc-91-02-2024
HONG LEONG BANK BERHAD v 1. ) UNITED JAYA SDN. BHD 2. ) LIM CHEE CHOW 3. ) TEOH JUN AIK 4. ) TAN LAI HEE 5. ) TEOH SAY ENG
18 September 2024
MYHC
wa-22ncc-265-05-2023
AMBANK (M) BERHAD v 1. ) CSTME RESOURCES SDN BHD 2. ) IMPIANA ALAMJAYA SDN BHD 3. ) ALBERT TAN YEAN HEONG 4. ) WAN AHMAD KAMAL BIN MOHD RASDI
30 July 2024
MYHC
ma-22m-67-10-2023
AMBANK ISLAMIC BERHAD v 1. ) LTB POWER PERFORMANCE (M) SDN. BHD. 2. ) LIM TECK BOON 3. ) YONG THIEN WIEO
20 June 2024
MYHC
wa-22ncc-267-05-2023
PJ MIDTOWN DEVELOPMENT SDN BHD v 1. ) ASIANLAND REALTY SDN BHD 2. ) OYO ROOMS HOSPITALITY SDN BHD
1 May 2024
MYHC
wa-22ncc-291-05-2023
KENANGA INVESTORS BERHAD v 1. ) LUMBER VERTEX SDN BHD [ DIGULUNGKAN PADA 14.10.2024] 2. ) NG CHEE SIONG
29 January 2024
MYHC
wa-22ncc-451-09-2022
RHB BANK BERHAD v 1. ) LKW INDUSTRIAL SDN. BHD. 2. ) LEE KOK WAI 3. ) MOEY MEI YOKE
26 July 2023
MYHC