13 Jan 2023
OTIS ELEVATOR COMPANY (M) SDN. BHD. DESARU CORNICHE HOTEL SDN. BHD.
- Citation
- BA-24C-31-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-31-04/2022 (Mahkamah Tinggi)
The court held that employers cannot rely on a dispute resolution agreement with the main contractor to resist a subcontractor’s s30 CIPAA application; s13(b) only bars enforcement where a written settlement between the parties to the adjudication exists on the subject matter; plaintiff satisfied conditions 1, 2 and 4 and, because defendants failed to produce contract and project documents, the evidential burden under s106 EA shifted to them and was not discharged, permitting an adverse inference under s114(g) EA; consequently the principals are liable under s30 CIPAA to pay the adjudicated s…