24 Jun 2024
MFORCE BIKE HOLDINGS SDN. BHD. HONDA GIKEN KOGYO KABUSHIKI KAISHA (juga dikenali sebagai Honda Motor Co., Ltd)
- Citation
- WA-23NCvC-68-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-23NCvC-68-10/2023 (Mahkamah Tinggi)
Exhibit TLH-3 and the affidavit paragraphs referring to it were a genuine attempt to negotiate a settlement and are therefore protected by the without prejudice privilege and inadmissible; the genuineness of negotiations is assessed by intent to settle not by the quantum of the offer; accordingly paragraphs 10(i), 24(c) and Exhibit TLH-3 are struck out. Separately, bringing assessment of damages proceedings pursuant to the Court of Appeal's order cannot constitute the tort of abuse of legal process and such pleading is liable to be struck out under Order 18 r19 ROC.