The defendant has no real defence. Can I get summary judgment without a full trial?

You have invoices, delivery orders and an acknowledgment of the debt. The defendant has filed a defence that says little more than "the plaintiff is put to strict proof". Waiting a year or more for trial seems pointless. Order 14 exists for exactly this situation.

When can you apply?

Under Order 14 rule 1(1), once a statement of claim has been served and the defendant has entered an appearance, the plaintiff may apply for judgment on the ground that the defendant has no defence to a claim, or part of it, or no defence except as to the amount of damages.

It applies to actions begun by writ, except (rule 1(2)):

• claims for libel, slander, malicious prosecution, false imprisonment, seduction or breach of promise of marriage; and
• claims based on an allegation of fraud.

How to apply

• File a notice of application with an affidavit verifying the facts and stating the deponent's belief that there is no defence (rule 2(1)).
• Serve the notice, affidavit and exhibits on the defendant within 14 days of receiving the sealed notice (rule 2(3)).
• The affidavit may contain information and belief with sources (rule 2(2)).

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How the defendant responds

The defendant shows cause by affidavit (rule 4). The court will give judgment unless the defendant shows there is an issue or question in dispute which ought to be tried, or some other reason for a trial (rule 3(1)). Bare denials and unsupported assertions rarely succeed. A credible dispute about whether work was done, the amount due, or a genuine set-off may.

The court may also give the defendant conditional leave to defend, for example on paying money into court, or give judgment on part of the claim. Where the defendant has a counterclaim, the court may stay execution of the judgment until the counterclaim is tried (rule 3(2)).

Where summary judgment works well

• Unpaid invoices for goods accepted without complaint.
• Loans and cheques with clear documents; see bounced cheques.
• Claims against guarantors on clear guarantees; see personal guarantors.
• Rental arrears under a signed tenancy.

Where it struggles

• Disputes about quality, variations or scope of work.
• Claims depending on oral agreements with conflicting accounts.
• Anything involving allegations of fraud.

Example

A Melaka building materials supplier sues a contractor for RM180,000 on signed delivery orders and a statement of account acknowledged by the contractor's director. The defence is a bare denial. The supplier applies under Order 14, and the court enters judgment because no triable issue is shown.

Common mistakes

• Applying before appearance or before the statement of claim is served.
• Filing a thin affidavit without documents.
• Missing the 14-day service requirement.
• Using Order 14 for a genuinely disputed claim, which wastes time and costs.

When to speak to a lawyer

Once a defence is filed in a debt or contract claim, to assess whether Order 14 is suitable. See civil litigation, our debt recovery guide or contact us.

Frequently asked questions

Is this the same as default judgment?

No. Default judgment applies when the defendant does not appear or file a defence; see default judgment. Summary judgment applies when they do, but have no real defence.

Can a defendant appeal a summary judgment?

Yes, appeals are possible within the time limits.

Can a defendant use Order 14?

A defendant with a counterclaim may also apply in respect of that counterclaim, under the same principles.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
2. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026