[1] This is an application in court encl no 7 (encl 7) by the defendants (defendants) in this originating summons (OS) to expunge certain paragraphs and exhibits in an affidavit filed by the plaintiff (plaintiff) in support of the OS.

[2] Enclosure 7 is premised on the ground that the plaintiff has wrongly referred in his affidavit to "without prejudice" negotiations between the parties to settle this dispute amicably (Without Prejudice Negotiations) which is privileged and inadmissible as evidence. The sole issue that arises is whether the defendants have waived their right to object to the admissib