26 Jul 2023
TWIN PAVILION DEVELOPMENT SDN BHD CRCC MALAYSIA BERHAD
- Citation
- WA-24C-25-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-25-02/2023 (Mahkamah Tinggi)
The Court dismissed the Setting Aside Application and Stay Application and allowed the Enforcement Application because (1) Twin Pavilion’s affidavit filed only in English failed the mandatory O.92 r.1(1) requirement and so the Setting Aside Application lacked an affidavit foundation; (2) on the merits the Adjudicator lawfully exercised discretion under s 25 CIPAA in refusing extension as Twin Pavilion offered inconsistent and insufficient reasons and failed to show material prejudice or that withheld evidence would have altered the outcome; and (3) the statutory conditions for enforcement of…