Dusun Desaru Sdn Bhd & Anor v Wang Ah Yu & Ors [1995] 5 MLJ 449 HC:
… Now, from my understanding of the law, the veil of privilege may be waived, but both parties must consent to the waiver (Theodoropoulas o Theodoropoulas [1963] P 311). But a caveat must be lodged. There is always an exception to the general rule. As with the other forms of privilege, waiver may be implied by conduct (Trade Practices Commission v Arnotts Ltd (1989) 88 ALR 69). There was thus a waiver on the part of the plaintiffs of the privilege shield when they first introduced the ‘without prejudice’ letter in encl 4. This was my judgment and I so hold accordingly. To hold otherwise would be perverse and against the great mass of authorities.
