15 Apr 2022
High Rise Millennium Sdn Bhd Pelangi Hartajaya Sdn Bhd
- Citation
- BA-24C-48-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-48-08/2021 (Mahkamah Tinggi)
Court held adjudicator complied with s 12(4) CIPAA, correctly applied contra proferentem to interpret retention clauses, lawfully adjudicated uncertified sums under his statutory powers (s 25(n)) because contractual pay‑if‑certified provisions are ineffective under s 35 CIPAA, PH failed to establish grounds for a stay under s 16(1)(b) (no clear and unequivocal error and interest of justice not made out), and thus leave to enforce the adjudication decision under s 28 CIPAA was granted; Amended Stay OS dismissed and Enforcement OS allowed with costs to HRM.