15 Apr 2022
Pelangi Hartajaya Sdn Bhd High Rise Millennium Sdn Bhd
- Citation
- BA-24C-56-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-56-09/2021 (Mahkamah Tinggi)
The court held that the adjudicator complied with s12(4) by providing reasons, correctly applied contra proferentem because the retention-release clauses were reasonably susceptible to multiple constructions, and lawfully adjudicated uncertified sums under the statutory powers in s12(1) read with s25(n) despite contractual provisions to the contrary which would be void under s35; PH failed to show a clear and unequivocal error or that a stay was required in the interest of justice; consequently the stay application was dismissed and enforcement under s28 was granted with costs to HRM.