7 Sept 2023
SAMSUNG C&T CORPORATION UEM CONSTRUCTION JV SDN BHD EVERSENDAI CONSTRUCTIONS (M) SDN BHD
- Citation
- WA-24C-15-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-15-02/2023 (Mahkamah Tinggi)
Although the Court found no merit in the pleaded ‘clear and unequivocal errors’ challenge to the adjudication decision, the plaintiff proved on the balance of probabilities, by unopposed PwC expert evidence, that the defendant's financial position creates a real risk the adjudicated sum would not be repaid; therefore justice requires a conditional stay and the adjudicated sum must remain in the defendant's solicitors' stakeholder account pending the arbitration outcome.