29 Jul 2021
MKP BUILDERS SDN BHD TURNPIKE SYNERGY SDN BHD
- Citation
- WA-24C-204-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-204-10/2020 (Mahkamah Tinggi)
At the material date (when defendant received the s.30(1) request) amounts were payable but a conditional stay of the adjudication and the subsequent facts (defendant notified contractor within a reasonable time, plaintiff consented to release of IPC 40 funds and the decision was stayed) prevented the plaintiff from obtaining direct payment; accordingly the s.30 remedy was not available and the application is dismissed with costs.