22 Jan 2024
TK ELEVATOR MALAYSIA SDN. BHD. MERAH BAYU GLOBAL SDN. BHD.
- Citation
- WA-24C-129-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-129-08/2023 (Mahkamah Tinggi)
The Stay Application was dismissed because Merah Bayu failed to show that arbitration had been validly commenced under the PAM Sub‑Contract and PAM rules and failed to plead clear and unequivocal errors or interest of justice in its originating summons and affidavit; the Enforcement Application was allowed because TKE satisfied the conditions under s 28 CIPAA (adjudication decision rendered in its favour, non-payment, and no prohibition to enforcement) and Merah Bayu could not rely on s 15 grounds without a setting aside application.