13 Jan 2023
OTIS ELEVATOR COMPANY (M) SDN. BHD. DESARU ESTATE SDN. BHD.
- Citation
- BA-24C-30-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-30-04/2022 (Mahkamah Tinggi)
The court held that an employer cannot rely on a dispute resolution agreement with the main contractor to resist a subcontractors s30 CIPAA application where the subcontractor was not party to that agreement; s13(b) CIPAA only bars enforcement where the subject matter has been settled by a written agreement between the parties to that adjudication decision; the four Cabnet conditions govern s30 applications and once the claimant proves conditions 1,2 and 4 the evidential burden under s106 EA shifts to the principal to prove no sum was due or payable; defendants failed to produce contracts an…