26 Jul 2019
1. ) GENBINA SDN BHD 2. ) BINA PURI CONSTRUCTION SDN BHD 1. ) BINA PURI CONSTRUCTION SDN BHD 2. ) GENBINA SDN BHD
- Citation
- WA-24C-273-12/2018 & WA-24C-63-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-273-12/2018 & WA-24C-63-04/2019 (Mahkamah Tinggi)
The High Court held there was no clear and unequivocal error in the adjudicator's decision and the existence of arbitration does not automatically entitle a stay; given Genbina is under receivership with secured debentures, the receivers have power to recover the adjudicated sum, so the stay was refused, enforcement was allowed, and the court ordered the adjudicated sum to be deposited with the Director of AIAC within 14 working days pending final arbitration; costs RM6,000 awarded to each successful applicant/party.