Abdul Malik Ishak J:

[1] This is an application by the respondent (encl 8) to strike out the affidavit of Oh Kuang Liang ("Oh"), the applicant in this originating motion, that was affirmed on 17 May 1995 (encl 6). The application of the respondent is supported by the affidavit of Tan Tu Kiah ("Tan"), the director of the respondent's company, affirmed on 25 May 1995 (encl 7). Tan deposed in his affidavit that the "without prejudice" letters between solicitors are inadmissible as they were said to be privileged. Tan took particular objections to two letters (dated 28 January 1994 and 6 April 1994) which he singled out and which clearly bore the "without prejudice" labels on them; he too took exceptions to the other three letters which equally bore the "without prejudice" tags on them. There was only one letter dated 26 February 1994 which did not carry the "without prejudice" label.

[2]Halsbury's Laws of England, fourth edition at para 212, contains a brief summary of the law on communications "without prejudice". There, it is stated that:

2

Letters written and oral communications made during a dispute between the parties, which are written or made for the purpose of settling the