THE LAW ON SUMMARY JUDGMENT

The law: A Summary Judgment (also judgment as a matter of law) is a Judgment entered by a Court for one party and against another party summarily without a full trial. Such a Judgment may be issued on the merits of an entire case, or on discrete issues in that case. The Summary Judgment is provided under Order 14 Rules of Court 2012.

Objective: To avoid the waste of unnecessary costs and time of the parties and Court for legal suits with facts and issues which are clear and straight forward.   

Who can file the application for Summary Judgment: Plaintiff in an action commenced by way of Writ Summons may apply to court for a Summary Judgment except for those actions stated under Order 14 rule 1(2)(a) and (b) Rules of Court 2012 which are:-

Order 14 rule 1(2)(a):-

Claims by the Plaintiff for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage.

Order 14 rule 1(2)(b):-

Claims by the Plaintiff based on an allegation of fraud.

The Grounds for Summary Judgment: That the Defendant has no defence to the Plaintiff’s claim or part of claim. In cases where the defence filed is a sham one and where there is really no triable issues that would require a full hearing.

Alternatively, the Plaintiff may apply to have the defence to be struck off on the grounds that it discloses no reasonable defence or that it is “scandalous, frivolous or vexatious” or that it may “prejudice, embarrass or delay the fair trial of the action” or that it is otherwise an abuse of the process of the court”.

When to file the Summary Judgment: The Summary Judgment must be filed when the defendant has enter the appearance.

The Notice of Application (Form 57) for Summary Judgment is to be supported by an Affidavit (Form 13) setting out clearly the claim, and it must be specifically stated that the defendant has no defence to the action, or that the defence filed is a sham case.

Case Laws on Principles Governing the Summary Judgment:

1.National Company For Foreign Trade v. Kayu Raya Sdn Bhd [1984] 1 CLJ (Rep) 283;

2.Gold Ores Reduction Co. v. Pain [1892] 2 QB 14;

3.Chen Heng Ping@ Tian Seow Hock & 5 Ors v. Intradagang Merchant Bankers (M) Berhad [1995] 3 CLJ 690;

4.Bank Negara Malaysia v Mohd Ismail & Ors [1992] 1 MLJ 400;

5.South East Asia Insurance Bhd v. Kerajaan Malaysia [1998] 1 CLJ 1045