15 Nov 2023
BAUER (MALAYSIA) SDN BHD MERIDIAN CONTRACTS SDN BHD
- Citation
- WA-24C-134-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-134-08/2023 (Mahkamah Tinggi)
The Enforcement Application was allowed because Meridian satisfied the s28 CIPAA criteria (adjudication decision in its favour, non-payment and no set aside or stay) and Bauer had not applied to set aside the 3rd AD under s15; the Stay Application was dismissed because although arbitration was pending, Bauer did not demonstrate clear and unequivocal error nor that justice required a stay, and Meridian's financial position indicated it could repay the adjudicated sum, while granting a stay would undermine CIPAA's statutory purpose to protect cashflow.