Who is the Plaintiff applying for summary judgement in this question?
a. Park Chee Kor
b. Haziq Tinkerbell
c. Mr Yoyo
A
PARK CHEE KOR
What is the Plaintiff’s Duty before applying for summary judgement?
a. Sit back and relax
b. Establish a prima facie case and ensure statement of claim is served
c. Nego with the judge behind the defendant
b. Establish a prima facie case and ensure statement of claim is served
What is a situation for Summary Judgement?
a. A clear dispute of intellectual property
b. A case of libel, slander
c. A malicious prosecution case
a. A clear dispute of intellectual property
In summary judgement, what does a triable issue mean?
a. A complaint by the plaintiff
b. A credible factual or legal dispute
c. A breach in procedural law
b. A credible factual or legal dispute
Which case emphasised the court’s duty not to accept improbable assertions?
a. Malayan Insurance (M) Sdn Bhd v Asia Hotel Sdn Bhd
b. UNP Plywood Sdn Bhd v HSBC Bank Malaysia Bhd
c. Bank Negara Malaysia v Mohd Ismail & Ors
c. Bank Negara Malaysia v Mohd Ismail & Ors
What must be included in the plaintiff’s supporting affidavit?
a. Hearsay evidence
b. Verified facts and a belief there is no defence/triable issue
c. A chocolate for the judge
b. Verified facts and a belief there is no defence/triable issue
Summary judgment allows parties to avoid trial when the facts and law are clearly disputed.
True or false?
FALSE
Summary judgment is available in cases involving defamation and fraud.
True or false?
FALSE
What is the Goal of a summary judgment?
a. To punish defendants who delays the case
b. To stop lawyers from getting more money from their clients
c. To avoid unnecessary trials and resolve cases quickly
c. To avoid unnecessary trials and resolve cases quickly
Can summary judgment be used in all types of civil claims?
a. Yes all cases
b. Not all, some cases stated under Order 14 Rule 2 is not allowed
c. Only cases where both parties agree
b. Not all, some cases stated under Order 14 Rule 2 is not allowed
What documents must be filed to apply for summary judgment?
a. Writ and pleadings only
b. Appeal Documents
c. Notice of application (Form 57) and affidavit (Form 13)
c. Notice of application (Form 57) and affidavit (Form 13)
Who can apply for summary judgment under Order 14?
a. The judge
b. Only government parties in a dispute
c. Both plaintiff and defendant
c. Both plaintiff and defendant
UNSCRAMBLE
C E A K H R R K E P O
PARK CHEE KOR
UNSCRAMBLE
R E E S S Y N A U N C
UNNECESSARY
UNSCRAMBLE
N E Q U S T R E E R I M
REQUIREMENTS