17 Oct 2025
KERJAYA PROSPEK (M) SDN BHD APPLE 99 DEVELOPMENT SDN BHD
- Citation
- BA-24C-31-05/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-31-05/2025 (Mahkamah Tinggi)
The Settlement Agreement removed the contractual payment obligation under the Construction Contract and replaced it with non-monetary default remedies (transfer of the Hotel and Unsold Units); accordingly the dispute was not a ‘payment’ within s4 CIPAA and the adjudicator lacked core jurisdiction to decide the monetary claim. Further, Kerjaya Prospek had elected specific performance in the civil suit and could not pursue an inconsistent monetary adjudication. Therefore the Adjudication Decision was set aside and enforcement cannot proceed.