JUDGMENT

Leong Wai Hong J:

Introduction

[1] "Ten pots nine covers, cannot mislead people."

[2] This is a famous Chinese saying, origins obscure, that means that the truth will always come out, as it's impossible to completely conceal something when there are inconsistencies or gaps. Such is the case before me.

[3] The plaintiff applied for summary judgment against the defendant pursuant to for the sum of RM 71,400,000.00 with interest and costs. [See Notice of Application dated 18 August 2023 in encl 7].

[4] The plaintiff's claim is premised on non-payment of the said sum of RM 71,400,000.00 which was due pursuant to cl 3.1 of a settlement agreement dated 9 December 2022 between the parties. The settlement agreement can be seen in the Plaintiff's Affidavit in Support, encl 8, Exhibit "P-1" pages 14 to 62.

[5] The defendant alleges there are triable issues "as the Defendant has pleaded that the entire premise of the Plaintiff's claim of RM71.00 [sic] Guaranteed Sum was subject to, amongst others, fraud / fraudulent misrepresentation perpetrated by the Plaintiff themselves", unquote. [See the Defendant's Written Submissions dated 28 October 2024 encl 51 at para 5].

[6] On 21 November 2024,