17 Jan 2024
Green Field Engineering Sdn Bhd Nobility Acclaim Sdn Bhd
- Citation
- BA-24C-67-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-67-09/2023 (Mahkamah Tinggi)
The court refused the application for a stay of execution under s16(1)(b) CIPAA 2012 because the existence of parallel litigation alone is insufficient; the applicant failed to demonstrate special circumstances such as proven insolvency or impecuniosity; respondent demonstrated going concern and contractual income sufficient to meet the modest adjudication sum (RM314,346.44); accordingly the stay was denied and the originating summons dismissed.