15 Nov 2023
MERIDIAN CONTRACTS SDN BHD BAUER (MALAYSIA) SDN BHD
- Citation
- WA-24C-123-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-123-08/2023 (Mahkamah Tinggi)
Meridian satisfied the statutory requirements for enforcement under s 28 CIPAA: there was an adjudication decision in its favour, non-payment, and no bar to enforcement (no s 15 application, no written settlement, no final decision). Although Bauer met the procedural prerequisite for s 16(1)(b) (arbitration pending), the court exercised its discretion to refuse a stay because allowing a stay would undermine CIPAA's cashflow objective, the arbitration timetable was uncertain, Meridian's financial position was sufficient to meet the adjudicated sum if necessary, and a conditional stay was inapp…