22 Nov 2024
HUASHI (MALAYSIA) SDN. BHD. ALFRANKO DEVELOPMENT SDN. BHD.
- Citation
- WA-24C-78-05/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-78-05/2024 (Mahkamah Tinggi)
The court found the MPA is a construction contract under CIPAA but held that HMSB failed to execute and return revised SPAs/DMCs as required, meaning the disposal condition precedent under the MPA was not fulfilled; HMSB was estopped from asserting non-payment by ADSB and allowing enforcement would result in unjust enrichment, therefore the Adjudication Decision was set aside under s15 CIPAA and the enforcement application dismissed.