28 Aug 2020
1. ) KPF NIAGA SDN BHD 2. ) VIGOUR BUILDERS SDN BHD 1. ) VIGOUR BUILDERS SDN BHD 2. ) KPF NIAGA SDN BHD
- Citation
- WA-24C-193-09/2019 & WA-24C-273-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-193-09/2019 & WA-24C-273-12/2019 (Mahkamah Tinggi)
The Court held that on the balance of probabilities KPF proved the adjudication decision was improperly procured through fraud under s15(a) CIPAA because Vigour knowingly included a CIDB levy claim while not registered with CIDB and selectively produced edited WhatsApp exchanges and omitted supplier invoice and shipping documents which, if disclosed, would have shown under-use of Claycrete and that Vigour had placed the order — matters that directly impacted the Adjudicator’s core factual findings; accordingly the adjudication decision of 10.9.2019 is set aside and the enforcement application…