5 Mar 2020
PRESTIJ MEGA CONSTRUCTION SDN BHD MACLY ASSETS SDN BHD
- Citation
- WA-24C(ARB)-56-12/2019 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-56-12/2019 (Mahkamah Tinggi)
The plaintiff failed to establish a strong prima facie case of unconscionability or fraud sufficient to restrain payment under an unconditional on‑demand performance bond; the bond's operative wording did not incorporate the underlying contract so the defendant's written demand was valid, the disputes are for the arbitrator to decide, and therefore the injunction is refused and the originating summons is dismissed with costs.