9 Jul 2024
ARC PARTNERSHIP FAIRVIEW SCHOOLS BERHAD
- Citation
- WA-22C-76-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-76-10/2023 (Mahkamah Tinggi)
The Consent Judgment required commencement of arbitration within one month; no arbitration was commenced by either party for nearly seven years thereby frustrating the express purpose for which the escrow was deposited; the court has inherent jurisdiction to make consequential orders to give effect to its consent judgment and is not functus officio in doing so; consequently the escrow must be released to the defendant and CS 76 is an abuse of process because it improperly seeks to vary the consent judgment and to obtain merits judgment without trial, therefore it is struck out.