1 An application for a summary judgment in Kuala Lumpur, Malaysia is a civil procedure under the Rules of Court 2012 (hereinafter the “ROC”) to expedite an action begun by a Writ of Summons without going through the rigours of trial. The objective is so that the parties and the court need not waste unnecessary costs and time for actions with facts which are clear and straight forward.
在马来西亚吉隆坡，简易判决是根据《2012年法院规则》（以下简称ROC）中所规范的其中一项民事诉讼程序，旨在避免冗长且不必要的审讯 (trial) 以达到加快以 “传讯控状“ (Writ of Summon) 为起点的诉讼为目的。此程序的目的是为了避免在事实已经十分清楚的情况下花费涉事方以及法庭不必要的时间与金钱。
A summary judgment application is a procedure typically resorted to when the Defendant does not have any defence to the claim against him. Hence, it is a cost-effective and efficient way to resolve disputes.
The applicant must comply with a number of requirements under Order 14 Rules of Court 2012. Failure to do so, would result in the application for summary judgment being dismissed. The Defendant can defend or show cause against the summary judgment application by raising triable issues, set-off, counter-claim, or showing some other reason that there ought to be a trial.
1.1 This is the ‘fastest’ way to obtain a judgment to expedite your Debt Recovery. Alternative you may commence a Companies Winding Up Petition against your Debtors.
这是获得判决书以加快债务追收的 “最快捷” 方法。或者，您可针对债务人提出公司清盘呈请
Who can make a summary judgment application?
2 A Plaintiff in an action begun by a Writ of Summons may apply to court for a summary judgment on the grounds that the Defendant has no defence to the Plaintiff’s claim or part of the Plaintiff’s claim.
任何通过 “传讯控状” 开始的诉讼的原告可以以被告对所有或部分指控没有任何抗辩理由，向法院申请简易判决。
2.1 Similarly if a Defendant in an action begun by a Writ of Summons served a counterclaim on the Plaintiff. The Defendant may apply to court for a summary judgment on the grounds that the Plaintiff has no defence to the Defendant’s claim or part of the Defendant’s claim.
When is a summary judgment application made?
3 A summary judgment application is made after the Writ of Summons and the Statement of Claim is served on the Defendant, and the Defendant has entered his appearance.
简易判决的申请可于送达 “传讯控状” 及索偿书送达于被告且被告已出庭后提出。
3.1 In the case of a counterclaim, the Defendant may make a summary judgment application after the counterclaim is served on the Plaintiff.
4 The application for a summary judgment is governed by Order 14 and Order 81 of the ROC.
4.1 Order 14 and Order 81 are mutually exclusive. Accordingly, under Order 14, rule 1(3), actions which fall under Order 81 will not be applicable under Order 14.
Actions under Order 14
5 With respect to the above, Order 14 is applicable to every action begun by a Writ of Summons, except for those actions described under Order 14, rule 1(2)(a) and (b) which are:
根据以上所诉，第14条适用于由 “传令控状” 所开始的所有诉讼，但第14条第1（2）（a）和（b）项所述的诉讼除外：
5.1 claims by the Plaintiff for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage (Order 14, rule 1(2)(a)); and
5.2 claims by the Plaintiff based on an allegation of fraud (Order 14, rule 1(2)(b)).
Actions under Order 81
6 Whereas Order 81 is only applicable to the specific actions listed under Order 81, rule 1(1) which are claims:
6.1 for specific performance of an agreement (whether in writing or not) for the sale, purchase or exchange of any property, or for the grant or assignment of a lease of any property, with or without an alternative claim for damages;
6.2 for rescission of such an agreement; or
6.3 for the forfeiture or return of any deposit made under such an agreement.
The belief that there is no defence to the action
7 Under both Order 14 and Order 81, the application for summary judgment must be supported by an affidavit stating, inter alia, the belief of the applicant that there is no defence to the claim or part of the claim.
7.1 Such belief is fundamental for a summary judgment application to be successful.
8 The court will only grant a summary judgment if the court is satisfied that there is no issue or question in dispute which should be tried (see Order 14, rule 3 and Order 81, rule 3)
9 If on other hand the court finds that there is an issue or question in dispute which should be tried, the court may instead dismiss the summary judgment application or direct that the Defendant may defend against the application.
9.1 Leave to defend may either be unconditional or conditional.
9.2 A conditional leave to defend is where the court requires the Defendant or Plaintiff in a counterclaim to enter into court some form of security (usually monetary) to defend the summary judgment application.
Considerations before applying for a summary judgment
10 Although the objective of Order 14 and Order 81 is to dispose an action expeditiously, it does not mean that the Plaintiff or a Defendant in a counterclaim may willfully make an application for a summary judgment.
10.1 The applicant must be careful to only make a summary judgment application if the applicant actually believes that the other party has no defence to the claim or part of the claim.
10.2 Otherwise, if it appears to the court that the applicant knew that the contention relied on the other party will entitle him to an unconditional leave to defend the summary judgment application.
10.2.1 Under Order 14, rule 7 and Order 18 rule 6, the court may dismiss the application for a summary judgment with costs to be paid by the applicant immediately.
Soong Hou Ming Danien