27 Sept 2023
GAMMERLITE SDN BHD JAMBATAN KEDUA SDN BHD
- Citation
- WA-24C-112-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-112-07/2023 (Mahkamah Tinggi)
The court enforced the Adjudication Decision under s.28 CIPAA because the statutory prerequisites were met (adjudicator rendered decision in claimant's favour, non-payment by due date, and no extant set-aside or final arbitration/court decision). The court nonetheless exercised its s.16 discretion to grant a conditional stay in the interest of justice because credible financial evidence showed a real risk Gammerlite could not repay the Adjudicated Sum; the conditional stay required the Adjudicated Sum (RM8,137,527.93) to be placed in an interest-bearing stakeholder account held by Gammerlite'…