30 Sept 2021
STRATA GEOTECHNICS SDN BHD C & S ENGINEERING MANAGEMENT SDN BHD
- Citation
- WA-24C-37-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-37-04/2021 (Mahkamah Tinggi)
The court enforced the adjudication decision because the plaintiff satisfied s28 CIPAA: an adjudication decision in its favour existed, the adjudicated sum remained unpaid, and there was no prohibition to enforcement. The defendant's asserted set-off was considered and addressed by the adjudicator (the disputed debit note was rejected), and the defendant failed to participate in adjudication to preserve those defenses. The third-party payment by Ambawang was an upfront conditional payment requiring refund and did not discharge the defendant. Accordingly enforcement was granted and costs award…