S.M Komathy Suppiah J:

JUDGMENT

The Appeal

[1]This is an appeal by the defendant against the decision of the learned sessions judge who on 31 December 2018 allowed the plaintiff’s application for summary judgment with costs of RM4,000.00. The plaintiff’s claim was for the repayment of a loan allegedly given in 2004 for Singapore Dollars $85,000.00 and a further loan in 2008 for RM30,000.00.

[2]This appeal concerns the scope of the without prejudice rule.

Salient facts

[3]The facts relevant to this appeal are set out in the written submissions of the parties and I gratefully adopt them here. The plaintiff and the defendant were married in 2002.

[4]In 2017, the marriage broken down. Following that, the defendant and plaintiff appointed their respective solicitors to negotiate and finalise the terms of settlement towards the filing of a divorce petition and a global settlement of all other claims.

[5]By a letter dated 13.7.2017, Messrs HM Wong and Associates (“Messrs HMW”), who were the solicitors for the plaintiff wrote to the defendant’s solicitors, Messrs YH Boo and Partners (“Messrs YHB”) (“the demand letter”) demanding, inter alia, that the defendant repay a loan of Singapore dollars $85