JUDGMENT

Arziah Mohamed Apandi JC:

Introduction

[1] This judgment is on the Plaintiff's application in encl 120 to set aside this Court 's order dated 14 August 2024 (encl 116) (Unless Order) in striking out the Plaintiff's claim and allowing the Defendants' counterclaim (the Setting Aside Application).

[2] After carefully considering all cause papers and submissions filed and presented with the backdrop of the case progression, I have decided to dismiss the Setting Aside Application for the reasons set out below.

Background Facts

[3] The Plaintiff initially filed this suit on 21 December 2021. The chronology of the case has been extensively set out in the parties' submissions but I would only reproduce the following pertinent key events to the Setting Aside Application.

[4] On 27 October 2023, this Court gave directions for parties to file the Common Bundle of Documents, Statement of Agreed Facts, Issues To Be Tried, and Bundle of Pleadings. On 27 December 2023, the Plaintiff failed to comply with this Court 's direction.

[5] During subsequent case management sessions on 29 January 2024, 19 February 2024 and 26 March 2024, parties informed the Court of ongoing settlement discussions