27 Jan 2021
BOND M&E SDN. BHD. PALI PTP SDN. BHD.
- Citation
- WA-24C-121-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-121-06/2020 (Mahkamah Tinggi)
The court held that the Plaintiff met s30 CIPAA conditions: the BOND AD existed, JEKS had not paid, the Plaintiff served a written request, and the Defendant failed to serve the mandatory s30(2) notice so no proof of payment was shown; the Defendant was a "principal" and money was payable to JEKS at the time of the request. However, "adjudicated amount" in s30(1) and s30(3) does not include interest and costs, therefore only the principal adjudicated sum was recoverable. Consequently the application was allowed in part: Defendant ordered to pay RM3,387,425.44 and costs RM10,000.00 (subject to…