11 Sept 2019
KURNIAAN MAJU SDN. BHD. (Co. No.: 281633-D) HSA SETIAMURNI SDN. BHD. (Co. No.: 574981-V)
- Citation
- BA-24C-79-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-79-07/2019 (Mahkamah Tinggi)
The court allowed that a hybrid originating summons is permissible, dismissed the s16(1)(b) CIPAA stay application because the plaintiff failed to show clear error by the adjudicator or that staying the adjudication was justified given prejudice to the defendant and lack of evidence of plaintiff insolvency, held the adjudication decision rendered the defendant a creditor under s464(1)(b) CA entitled to present a winding up petition, and although the court has power to grant a Fortuna injunction it refused to do so because the defendant was exercising bona fide statutory rights and there was n…