24 Mar 2025
KINU SDN. BHD. Kerajaan Malaysia (Jabatan Kerja Raya Malaysia)
- Citation
- W-01(C)(A)-523-08/2024 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-01(C)(A)-523-08/2024 (Mahkamah Rayuan)
JKR qualified as the "principal" under s4 CIPAA; the undisputed retention/performance guarantee constituted money "due or payable" or at least "payable" under s30(5) at the time the subcontractor's s30(1) request was made; JKR failed to discharge its evidential burden (did not serve s30(2) notice and did not produce Certificate of Termination Costs), permitting an adverse inference; accordingly direct payment under s30(3) was ordered to satisfy the adjudicated amount.