24 Sept 2021
ELITE ALLIANCE ENGINEERING SDN BHD VISI NUSAJAYA SDN BHD
- Citation
- WA-12AC-24-05/2021 & WA-A52C-65-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12AC-24-05/2021 & WA-A52C-65-12/2020 (Mahkamah Tinggi)
The joint measurement sheet approved by the respondent constituted or amounted to a practical completion certificate (or was to be deemed issued) and triggered release of the first moiety; the clause making release to the subcontractor conditional on the main contractor receiving funds from the employer is void under s.35 CIPAA, therefore the 24-month time provision governs release of the second moiety; the respondent raised no triable issues to defeat a summary judgment, so judgment for the appellant was appropriate.