12 Jan 2024
KTCC Mall Sdn. Bhd. TCS CONSTRUCTION SDN. BHD.
- Citation
- BA-24C-7-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-7-01/2023 (Mahkamah Tinggi)
The court held that TCS met the statutory conditions under s.30 CIPAA: s.30 creates an independent statutory obligation on the principal to pay the adjudicated sum (as per CT Indah) which does not necessarily conflict with insolvency pari passu rules where payment is not from the wound-up company's assets; the s.30(1) request was not defective because remedies may be exercised concurrently under s.31 and the obligation to pay the adjudicated sum is immediate; KTCC failed to discharge its evidential burden to show no monies were due or payable at the time of request; and the adjudicated amount…