18 Dec 2019
CABNET SYSTEMS [M] SDN. BHD. (Co. No.: 355065-V) 1. DEKAD KALIBER SDN. BHD. (Co. No.: 684176-H) 2. RIMARISAN SDN. BHD. (Co. No.: 292492-H)
- Citation
- BA-24C-5-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-5-01/2019 (Mahkamah Tinggi)
Novation effected under s63 Contracts Act made the 2nd Defendant the principal of the subcontractor within s4 CIPAA; the Plaintiff satisfied s30 CIPAA conditions and therefore the 2nd Defendant is liable to pay the adjudicated sum together with pre- and post-adjudication interest (but not adjudication costs); such payment does not constitute an undue preference under Companies Act s528(1) in light of CT Indah, and s471(1) did not prohibit commencement of the originating summons; the 1st Defendant is penalized in costs for withholding the novation document.