MAYBANK ISLAMIC BERHAD v MEGA SASA SDN BHD
1 cases cited
(0 SG, 1 foreign)
Catchwords
The main proceedings concern a winding-up petition presented by the Petitioner against the Respondent under s 465(1)(e) of the Companies Act 2016. In the course of the petition, the Petitioner filed an Affidavit-in-Reply. In that affidavit, the Petitioner relied on certain correspondence exchanged between the parties, which was said to relate to discussions on repayment and settlement. Respondent seeks orders that: (a) paragraphs 4, 5, 6, 7 and 8 of Enclosure 13; and (b) the exhibits marked as “Exhibit A-2” (pdf pages 7–17 of Enclosure 13) be struck out and/or expunged on the ground that they constituted privileged “without prejudice” communications within the meaning of section 23 of the Evidence Act 1950. Issue before the Court - whether the impugned paragraphs and exhibits in Enclosure 13 constituted privileged “without prejudice” communications, such that they ought to be struck out and/or expunged from the record. Section 23 Evidence Act 1950 - no admission is relevant if it is made: (i) upon an express condition that evidence of it is not to be given; or (ii) under circumstances from which the Court can infer that the parties agreed that evidence of it should not be given. “Without Prejudice” Privilege - - Communications genuinely aimed at settlement are privileged and inadmissible, whether or not they are expressly labelled “without prejudice”, provided there is: (i) a dispute between the parties; and (ii) a genuine attempt to resolve that dispute by negotiation. Power to Strike Out or Expunge Affidavit Material- affidavits must be confined to relevant and admissible material. Where affidavit evidence contains privileged, irrelevant, or otherwise inadmissible matter, the Court has the discretion to strike out or expunge only the offending portions, without striking out the affidavit in its entirety.
Judges (1)
Counsel (4)
Statutes Cited
Cases Cited (1)
MY (1)
[1999] 5 MLJ 449
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ka-28ncc-20-04-2024)