23 Nov 2023
ARENA PERINTIS SDN BHD PEMBINAAN BINA BUMI SDN BHD
- Citation
- BA-24C-32-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-32-04/2023 (Mahkamah Tinggi)
The court held that s.30 CIPAA 2012 imposes an independent statutory obligation on the principal to pay the adjudicated amount even where the contractor has been wound up; the Defendant's failure to serve the mandatory s.30(2) notice was fatal to its defence; the Plaintiff proved on the balance of probabilities that money was payable by the Defendant to Maxbuild Resources at the time of the written request; the Defendant failed to discharge its evidential burden to show overpayment or that no monies were payable; and the adjudicated amount includes interest and costs.