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2020 MarsdenLR 1663

COURT OF APPEAL PUTRAJAYA
MALAYSIA DEBT VENTURES BERHAD – Appellant
Versus
PLATINUM TECHSOLVE SDN BHD & ORS – Respondent


Petitioner Advocates:Kumar Kanagasingam,Chia Oh Sheng ,Respondent Advocate: Lavinia Kumaraendran,Mavinthra Jothy Thillainathan

[1] This is an appeal against a discovery application which was granted in Suit No WA-22M-300-07-2018 ("Suit 300"). The appellant in this appeal is Malaysia Debt Ventures Berhad ("MDV"). MDV is the plaintiff in Suit 300. The appeal is against an order of discovery of a specific document, namely a draft settlement agreement ("the DSA"). The discovery application was filed by the respondents - the defendants in Suit 300. The decision of the High Court is reported as Malaysia Debt Ventures Berhad v. Platinum Techsolve Sdn Bhd & Ors. The discovery order has been stayed pending disposal of the present appeal.

[2] MDV filed Suit 300 to recover the amounts which are said to be owing under an Islamic financing facility. The respondents counterclaimed and contended that based on the exchange of correspondence and discussions between MDV and the 1st respondent ("R1"), there was a concluded contract of settlement, albeit that a formal settlement agreement had not been executed.

[3] The background to the DSA is as follows. MDV and R1 had exchanged correspondence and held discussions with respect to a settlement of a debt under an Islamic financing facility which was due and owing to MDV. R1 was

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