27 Jun 2024
ALL KURMA SDN BHD 1. ) TEO HENG TATT 2. ) LIM KIN HOOU 3. ) TAN KIM CUN 4. ) YEAP SU PHENG 5. ) NAJIEB ARIFF BIN NAZIR ARIFF 6. ) FOO SOO KIM 7. ) LEADER FOOD SDN BHD 8. ) TAHA FOOD (M) SDN BHD 9. ) Pamella Chiang 10. ) Yurisa Chiang
- Citation
- PA-22NCC-30-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCC-30-09/2021 (Mahkamah Tinggi)
The court held that Teo's counterclaim against Pamella and Yurisa arises out of or is connected with the SHA and therefore falls within the mandatory arbitration clause (Clause 25.4). The applicants had not personally taken steps in the proceedings that would disentitle them to relief. Clause 25.5 does not negate Clause 25.4 but complements it; pre-arbitration negotiation and mediation are not prerequisites to a section 10 stay. The Company is a party to the SHA. Accordingly, under section 10 Arbitration Act 2005 the counterclaim against the 2nd and 3rd defendants is stayed and must be referr…