1 Nov 2019
GUMI ASLI ELEKTRIKAL SDN. BHD. ( / ) (Co. No.: 99036-W) DAZZLING ELECTRICAL (M) SDN. BHD. ( / ) (Co. No.: 760567-V)
- Citation
- BA-24C-61-06/2019 DIDENGAR BERSAMA BA-24C-78-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-61-06/2019 DIDENGAR BERSAMA BA-24C-78-07/2019 (Mahkamah Tinggi)
The court excluded the two late letters for non-compliance with O 28 r 3C; held applicant failed to prove fraud on the balance of probabilities and failed to show the adjudication decision was improperly procured through fraud; held that by failing to serve payment and adjudication responses Gumi allowed the adjudicator to proceed lawfully under ss 6(4) and 10(3) CIPAA; consequently s 15 grounds failed and the court exercised its discretion under s 28 CIPAA to allow enforcement of the adjudication decision and dismissed the setting aside application.