What is summary judgment

What is summary judgment / striking out defence?

In cases where the defence filed is a sham one and where there is really no tribal issues that would require a full hearing, the plaintiff may apply to the court for summary judgment under Order 26A of Subordinate Courts rules 1980, or Order 14 of Rules of the High Court 1980.

The application to the court for summary judgment is to be supported by an affidavit from the plaintiff 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.

Alternatively, the plaintiff may apply to have the defence struck off on 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”.

I want help FreeAdvice

Please contact Alvin For Advertising & Sponsorship Information

FINMART FreeAdvice® is the leading business advisory site for business people doing business in Malaysia. It provides advice relating to most common business problems and to help business people to understand the way how business should be properly conducted, but is not a substitute for personal business advice from the respective professional and experts. You are welcome to view FINMART FreeAdvice® for your own personal, non-commercial purposes, and subject to our legal disclaimer and conditions of use.