11 Jan 2021
CASMET SDN. BHD. (Co. No.: 488295-D) OTIS ELEVATOR COMPANY (M) SDN. BHD. (Co. No.: 19060-U)
- Citation
- BA-24C-78-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-78-08/2020 (Mahkamah Tinggi)
The originating summons is dismissed because as a matter of binding precedent there is no privity of contract between the Employer and the Defendant and neither the direct payment clauses, prior payments, s 42 Contracts Act nor CIPAA definitions create an exception to privity; the adjudicator nevertheless had jurisdiction under CIPAA to decide the claim, and the Plaintiff's failure to join the Employer deprived the court of necessary parties and justified refusal of the declaratory relief; accordingly the declaration sought is refused and the summons dismissed with costs.