6 Sept 2023
BMG GLOBAL SDN BHD JUANG-ANTARA BINA SDN BHD
- Citation
- BA-24C-39-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-39-05/2023 (Mahkamah Tinggi)
BMG failed to discharge the onus on a balance of probabilities under s.15(b),(c) and (d) CIPAA 2012 because the adjudicator had considered and given reasons on the issues raised, BMG produced no evidence of bias or lack of independence, and raised jurisdictional points that were not raised in adjudication. There were no clear and unequivocal errors warranting a stay under s.16. Consequently the AD is not set aside, the stay is refused, and leave to enforce under s.28 is granted.