Another letter from Ronny Cham and Co.


I received another letter from Ronny Cham dated 30.11.2022. Unlike previous letters, this was marked ‘without prejudice’.

What does ‘without prejudice’ mean?

‘Without prejudice’ has specific legal implications, primarily in the context of dispute resolution and negotiations. It cannot be used in court as evidence. This fosters candid discussions aimed at resolving issues. This protection only applies to communications genuinely aimed at settling a dispute.

The ‘without prejudice' rule isn’t absolute. Courts may admit such communications in specific circumstances, such as in the case of fraud, misrepresentation or undue influence. If the communication isn’t part of a genuine attempt to settle, courts may disregard the label.  

Was the letter a genuine attempt to settle? I let you be the judge of it.

This letter refers to a letter from Topwira Corporation Sdn Bhd (TCSB) dated 28.11.2022 (Also with the tag ‘without prejudice’). The letter stated that they would like to fix a meeting on 22.12.2022 at a venue to be announced, provided I confirm that I will be accompanied by a (a) lawyer; (b) an engineer; (c) an architect and a (d) surveyor.

The letter further added that it is my responsibility to invite relevant parties, such as DBKK. Ministry of Local Government and housing etc.

In addition, it stated, if the above conditions are not acceptable to you, please instruct your solicitors to write to our lawyer to deal with the matter in the court of law.

The above does not look like a genuine attempt to settle and was simply stonewalling. 

Tomorrow we shall look at the letter from Messrs. Ronny Cham and Co.

To be continued….

Location: Kota Kinabalu, Sabah, Malaysia

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