12 Apr 2022
KESUTRA SDN BHD RITMA HEBAT SDN BHD
- Citation
- BA-24C-86-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-86-12/2021 (Mahkamah Tinggi)
The adjudication decision was set aside because the court found the Ritma-Kesutra contract to be a sham and, in any event, void for want of consideration under s26 Contracts Act 1950; therefore the adjudicator lacked jurisdiction under CIPAA to decide Kesutra’s payment claim and the enforcement application must be dismissed. The court also held ss91-92 Evidence Act do not preclude use of extrinsic evidence to reach that conclusion.