9 Feb 2026
BRUNSFIELD METROPOLITAN SDN BHD 1. ) SIME DARBY PROPERTY BERHAD 2. ) PACIFIC TRUSTEES BERHAD
- Citation
- WA-22NCC-389-06/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-389-06/2025 (Mahkamah Tinggi)
The without prejudice communications are protected by privilege and inadmissible because the plaintiff failed to meet the high threshold for the unambiguous impropriety exception; the alleged impropriety was not clear on the face of the communications and depended on subsequent conduct and hindsight, and unmarked messages forming part of the series are equally privileged.