2 Aug 2022
PEMPETISYEN Wong How Kev for the Petitioner [Messrs Kev & Co.] Ahmad Syimir bin Suffian and Mohd Hazwan bin Hamidun for the Respondent [Messrs Rafaei & Co.]
- Citation
- WA-28NCC-37-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28NCC-37-02/2021 (Mahkamah Tinggi)
Because the Respondent established a prima facie bona fide dispute and there were pending civil proceedings filed before the petition raising the same issues (including a counterclaim and challenge to the adjudication decision), the winding up petition could not succeed and must be dismissed; adjudication decision was held to be temporary and not finally determinative pending the Writ Action.