9 Dec 2022
Bond M & E Sdn Bhd Pali PTP Sdn Bhd
- Citation
- W-02(C)(A)-399-02/2021 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-02(C)(A)-399-02/2021 (Mahkamah Rayuan)
The Court of Appeal held that Bond satisfied the requirements of section 30 CIPAA and that the phrase 'adjudicated amount' in section 30 CIPAA must be construed purposively to include the principal sum, interest and costs awarded in the adjudication decision; non‑payment is presumed upon a proper written request and the onus shifts to the principal to seek proof of payment, therefore Pali was liable to pay Bond directly the full adjudicated amount including interest and costs; Appeal 314 dismissed and Appeal 399 allowed (High Court judgment varied accordingly).