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2025 MarsdenLR 2063

HIGH COURT MALAYA KUALA LUMPUR
BUKHARY EQUITY SDN BHD – Appellant
Versus
UNITED MALAYAN LAND BHD – Respondent


Petitioner Advocates:Yeoh Cho Kheong,Chai Chin Wuen ,Respondent Advocate: Ragunath Kesavan,Syereen Tang,Cecilia Tan Shee Shia,Fatin Izyan Muhamad Fadzil

Table of Content
1. dismissal of plaintiff's summary judgment application. (Para 1 , 2)
2. defendant's appeal against evidence for summary judgment. (Para 3 , 4 , 5 , 6 , 7)
3. letters marked 'without prejudice' not privileged. (Para 8 , 10 , 11 , 12 , 13)
4. defendant acknowledged debt obligations. (Para 9 , 14 , 15)
Roz Mawar Rozain J:

[1] On 10 June 2025 this Court dismissed encl 13 which is the Defendant's application under O 41 r 5-6 Rules of Court 2012 (RoC) to expunge some contents averred to in the Plaintiff's Affidavit-In-Support for the Plaintiff's application for a Summary Judgment, and a stay pending this Court's determination of the same. Costs of RM3,000.00 was granted to the Plaintiff. The hearing of the Summary Judgment application was fixed for 20 June 2025.

[2] On 20 June 2025 this Court ruled in favour of the Defendant when it dismissed the Plaintiff's application for the Summary Judgment under O 14 RoC. This Court directed that the claim be adjudicated via a full trial.

[3] The Defendant has wished to proceed to appeal against this Court's decision in dismissing its application to expunge the following:

(i) Exhibit PN3;

(ii) Exhibit PN5;

(iii) Paragraphs 10, 11, 12, 14, 15

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