3 Sept 2024
PEMPETISYEN BINA GOODYEAR BERHAD (In Liquidation) IMEJ TENGGARA SDN. BHD
- Citation
- JA-28NCC-56-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-28NCC-56-04/2023 (Mahkamah Tinggi)
The court held that clause 45 unambiguously covers the parties' disputes arising from the Design and Build Contract, including post‑completion defects and payment claims, and that the existence of a bona fide dispute over a substantial unpaid contract sum meant the winding‑up petition should be stayed pending determination by arbitration; accordingly enclosure 6 was allowed and enclosure 1 was stayed until arbitration is concluded.