3 Mar 2020
STARKE MARINE SDN. BHD. 1. ) DEL SOL OFFSHORE SDN BHDUNG ENG HUAT (No. SYARIKAT : 1001796-U) 2. ) AHMAD FAIZAL BIN OTHMAN (NO.K/P : 800913-03-5431) 3. ) BAZALANUL’ AZAM BIN YUSOF (No. K/P : 750306-14-5097) 4. ) KHAIRUL ARIF BIN AHMAD KHALIL
- Citation
- WA-22NCVC-917-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-917-12/2019 (Mahkamah Tinggi)
The court held the 21.10.2019 letter was explicitly marked 'without prejudice' and therefore inadmissible under Section 23 Evidence Act 1950; its use in the plaintiff's supporting affidavit was scandalous and an abuse of process. Further, the plaintiff's claim for the disputed amounts arose from work outside the original scope and was subject to item 4.3 (payment only after Petronas paid), making the claim premature and subject to contractual dispute resolution. Accordingly, respondents' application to expunge the letter and related affidavit passages was allowed with costs RM5,000.