9 Dec 2022
Pali PTP Sdn Bhd Bond M & E Sdn Bhd
- Citation
- W-02(C)(A)-314-02/2021 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-02(C)(A)-314-02/2021 (Mahkamah Rayuan)
The Court of Appeal held that Bond satisfied section 30 CIPAA; non-payment is presumed upon the applicant's written request shifting the onus to the principal to seek proof of payment; and 'adjudicated amount' in section 30 CIPAA includes the principal sum, interest and costs awarded in the adjudication decision; accordingly Appeal 314 was dismissed and Appeal 399 allowed, varying the High Court judgment to include interest and costs in the amount payable by Pali to Bond.