5 Mar 2021
1. ) BA-12AC-4-06/2020 LNH LANDSCAPING SDN. BHD. (Co. No.: 632053-U) 2. ) BA-12AC-11-09/2020 PAKSI TEGUH SDN. BHD. (Co. No.: 246186-A) 3. ) BA-12AC-12-09/2020 LNH LANDSCAPING SDN. BHD. (Co. No.: 632053-U) 1. ) T. K. H CONSTRUCTION SDN. BHD.
- Citation
- BA-12AC-4-06/2020, BA-12AC-11-09/2020 & BA-12AC-12-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12AC-4-06/2020, BA-12AC-11-09/2020 & BA-12AC-12-09/2020 (Mahkamah Tinggi)
The High Court held LNH had no contractual cause of action against Paksi because there was no privity of contract between them and Clause 27.10 of the incorporated PAM Contract precluded such privity; the Sessions Court's refusal to strike out the claim against Paksi was a legal error and was set aside (strike out allowed); because Paksi was struck out LNH's challenge to the stay as to Paksi was dismissed; separately, the stay and reference of the dispute between LNH and TKH to arbitration under s10 Arbitration Act 2005 was mandatory and LNH's appeal against that stay was dismissed.