19 Dec 2024
Binastra Ablebuild Sdn. Bhd. Kumkang Kind (M) Sdn. Bhd.
- Citation
- WA-24NCC-461-09/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-461-09/2024 (Mahkamah Tinggi)
Plaintiff failed to satisfy the requirements for a Fortuna injunction: the deposit of funds did not create a bona fide dispute nor operate as a stay of execution; pending appeals do not convert an enforced adjudication into a disputed debt; the alleged undertaking had been considered and rejected in earlier proceedings; granting the injunction would frustrate CIPAA's purpose; therefore the originating summons is dismissed and injunctive relief is refused.