X

Enter MOA JID

Claim other than O13 r1-5

Pre- 14 days O13 r6 (as if D had entered appearance)— i. Where it is unnecessary to proceed (the D complied/ satisfied with the claim),
enter judgment for costs by NOA ( O13 r6(2)
requisite
ii. to proceed with the action:-
-D enter a. enter JID of defence (O19 r7)
MOA SOD b. Summary Judgment (SJ-O14/O81)

-SOC NOA (inter-partes)[form 57]

served Affidavit in Support [form 13] Prima facie case
(verify d claim, p’s belief that no defence, (granted application)
-Affidavit
Explanation of delay): O14 r2(3) Judgment O14 r3
complied Burden shifted to D
with O14
r2 To set aside (challenge) Hearing

Affidavit in Reply -B4 Judge (dismissed application

-judge look at
Served on D *Show triable issue/ Leave to defend
whole
*Some other reason ought to be tried situation w/t (conditional/
(O14 r4(3) D has real and unconditional)
To file defence/ proceed in proceeding bona fide
defence

Trial
Triable Issue
-disclosed in the Affidavit evidence
-Depending on the fact or law arising from each case
-D to show on merit, he has a good defence to the claim. It is not enough for D to merely deny the amount owed but plead any salient and relevant facts
which negative the existence of the debt.
-the dispute is as to facts which is to be tried.
-any other circumstances showing reasonable ground of a bona fide defence.
-the defence only needed to raise a single triable issue
For example:
(i) D raised the issue of the genuineness as to their signature in the guarantee document. (Ng Yik Seng v Perwira Habib)
(ii) D raised the issue as to the mental capacity of D to contract (Chemsource (M) Sdn Bhd v Udanis Mohammad)
(iii) Issue of limitation as to determine whether or not the cause of action had accrued on that particular date (AmBank (M) Bhd v Metroplex Sdn
Bhd)

Some other reason ought to be tried

-there is no triable issue but granting SJ may not be appropriate.
Cases: Miles v Bull, Concentrate Engineering Pte Ltd v UMBC Bhd, Bank Fur Gemeinwirtschaft v City of London Garrages, Ng Seng Kee v Danaharta Urus
Sdn Bhd,
Include other circumstances e.g. D raises set off or counterclaim (connected with subject matter of P’s claim), construction of statute or document (which
requires further facts to construed such documents or statute)