Summary judgment in Malaysia is a process used in legal proceedings to get court judgment faster. This article explains the requirements and the whole process for applications for summary judgment.
What is Summary Judgment in Malaysia?
Summary judgment in Malaysia is a type of judgment that a plaintiff can obtain against a defendant in civil proceedings without going through a full trial. It is applicable when the defendant does not have a defence to the plaintiff's claim.
A full trial means the witnesses are to attend the court to give evidence before being examined by the lawyer in the open court proceeding. The party initiating the civil claim through the civil court system, known as the ‘Plaintiff’ can get recourse/remedy without going through a full trial in a summary judgment application.
As there are no trials required for summary judgement in Malaysia whereby the cases are decided based on affidavit evidence (written & sworn deposition) and documentary evidence without the attendance of a witness, thus this method is suitable for straightforward cases where the Plaintiff has clear cases, and the other party defending the suit, known as the ‘Defendant’ has no answer to the Plaintiff’s claim.
Thus, this is rarely used in cases related to employment law in Malaysia as usually these type of cases are more complex.
Legal Requirements for Summary Judgment
Legal proceedings for civil cases are usually commenced in subordinate courts (Magistrate and Sessions Court) and the High Court in Malaysia whereby the litigation processes and court proceedings are governed by laws such as the Subordinate Courts Act 1948, Courts of Judicature Act 1964, and rules made under them such as the Rules of Court 2012.
The law and procedure related to summary judgment applications is the Rules of Court 2012 (‘ROC 2012’). Under Order 14 of Rules of Court 2012 and following the legal propositions in the case of United Malayan Banking Corporation vs Palm & Vegetable Oils (M) Sdn.Bhd. & Ors, summary judgment can only be applied when it fulfils several conditions and criteria which are:
The lawsuit is commenced by a writ, and not originating summons.
(Both writ and originating summons are court documents to commence a lawsuit with the writ is more suitable when the case involves substantial dispute of fact)
The Plaintiff had served statement of claim on the Defendant and the Defendant had entered an appearance (‘entering appearance’ means the Defendant intends to contest the proceedings);
It does not fall within the following situations and circumstances where the Plaintiff in a writ action claims for:
(a) libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage; or
(b) based on an allegation of fraud.
(c) 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; or
(i) for rescission of such an agreement; or
(ii) for the forfeiture or return of any deposit made under such an agreement,
Plaintiff asserts that Defendant has no defences to his claim, as a whole or part except for the amount of damages claimed.
Summary Judgment Procedures
After satisfying the preliminary requirements and the Plaintiff being satisfied it is a proper case for summary judgments, then the process for the said summary judgment application usually follows like this:
Preparation of documents by Plaintiff
The Plaintiff will have to prepare the court documents following the provisions of the ROC 2012 whereby the main court papers are:
(a) Notice of application: It states the intention of the Plaintiff to apply for the summary judgment;
(b) Affidavit: It usually contains concise statements by Plaintiff verifying the facts of his claim and stating that he believes that Defendant has no defence to his claim. It is usually supported by affidavit evidence which includes documents to support Plaintiff’s claims.
After satisfying these requirements, Plaintiff is said to have a prima facie case for an o.14 application. This means it should be enough to prove the case unless someone, that is the Defendant comes in and contradicts it.
The court documents are then submitted for filing through the court registry and after its issuance by the court, the Plaintiff will have to send the documents to the Defendant.
Defendant to raise triable issues
Then, Defendant has to answer the several allegations and assertions through an affidavit by proving there are merits in his case that require considerations and determination through a full trial.
At this stage, there is no need to prove a complete defence but only triable issues/defence that require a full hearing. At this stage, Defendant should be prudent in answering as his answer should be consistent with his earlier statement of defense. Otherwise, any amendments to the court documents incur time and legal costs.
Preparation of Written Submissions
As there may be voluminous affidavits and documents that are filed in the court for summary judgement applications, the judge usually requires the lawyers to prepare written submissions that state the contents of their arguments and legal issues.
Court hearings and judgment
After all the court documents are filed, then the trial judge will fix a hearing date for the lawyers to deliver oral submissions or arguments.
After hearing the lawyers and perusing the relevant documents, then the judge will make an order on the summary judgment application, that is to allow or dismiss the application.
Post-summary judgment application
There are a few possibilities after the summary judgment application in Malaysia that is the application is:
(a) Allowed
Then it is a final judgment that dispenses with any necessity for a full trial and any subsequent pre-trial case management. Then, Plaintiff, as the judgment creditor can proceed with the enforcement of the judgment against the judgment debtor, that is Defendant.
On the other hand, the Defendant can appeal against the decision to the higher courts such as the High Court or Court of Appeal. Generally, the highest superior court in Malaysia such as the Federal Court does not hear appeal cases related to summary judgment applications.
(b) Dismissed
Then the cases proceed to the subsequent pre-trial stages, which include the preparation of documents and witnesses for the trial.
Conclusion
Summary judgment in Malaysia is a summary disposal case procedure that can be used for appropriate cases when it is a straightforward case. It is a summary procedure that can only be taken in a civil suit by a litigant with the advice of a professional lawyer.
If you need any legal advice or legal representation or looking for a lawyer firm in Kuala Lumpur, do contact us and our team will assist you.
Frequently Asked Questions
1. What is the summary judgement procedure in Malaysia?
A summary judgment is a summary process where the court awards judgment without a trial. It is used when it is a straightforward case when the Defendant does not have any defence to the Plaintiff’s claim.
2. Is summary judgement not appealable?
Yes, only the defendants can appeal against the decision of the summary judgment. The Plaintiff cannot appeal against the decision in dismissing the summary judgment application under the Courts of Judicature Act 1964.
