13 Jan 2023
OTIS ELEVATOR COMPANY (M) SDN. BHD. DESARU CONVENTION CENTRE SDN. BHD.
- Citation
- BA-24C-29-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-29-04/2022 (Mahkamah Tinggi)
An employer/principal cannot rely on a dispute resolution agreement with the main contractor to defeat a subcontractor's s30 CIPAA application; s13(b) only operates where the subject matter has been settled by written agreement between the parties to that adjudication decision; the plaintiff proved the statutory conditions under s30 and the defendants failed to discharge the evidential burden to show no sums were due or payable, so the court ordered the principals to pay the adjudicated amounts with interest (excluding adjudication costs).