12 Jan 2024
TCS CONSTRUCTION SDN BHD KTCC MALL SDN BHD
- Citation
- BA-24C-65-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-65-10/2022 (Mahkamah Tinggi)
The court held that s.30 CIPAA creates an independent statutory obligation on the principal to make direct payment to the subcontractor despite the contractor's winding up; TCS satisfied the statutory conditions (MPM failed to pay, TCS served the s.30 request, there was money at least payable from KTCC to MPM at the time and KTCC failed to pay after required notice) and KTCC failed to discharge its evidential burden to show no monies were due or payable; the adjudicated amount includes interest and costs; the Letter of Undertaking is unconditional and binds KTCC.