27 Oct 2020
E.A TECHNIQUE (M) SDN BHD MALAYSIA MARINE AND HEAVY ENGINEERING SDN BHD
- Citation
- wa-24c-217-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- wa-24c-217-10/2019 (Mahkamah Tinggi)
The court held that s16 CIPAA permits a stay and an adjudication decision enforced under s28 is not merged into a judgment, but EAT failed to demonstrate clear and unequivocal errors or special circumstances meeting the justice of the individual case; MMHE's financial position meant there was no real risk of non-repayment and EAT's alleged prejudice was self‑inflicted, therefore the stay application was dismissed.