1 Dec 2022
MUDAJAYA CORPORATION BERHAD KWSL BUILDERS SDN BHD
- Citation
- BA-24C-52-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-52-08/2022 (Mahkamah Tinggi)
The court dismissed MCB's application to set aside the adjudication decision (no breach of the second rule or breach not material/real possibility of different outcome); refused an absolute stay (no clear and unequivocal error and would injure KWSL's cashflow); exercised discretion under s16(1)(b) and (2) CIPAA to grant a conditional stay as an exception because prior High Court enforcement orders in favour of KWSL on three earlier adjudication decisions ensured KWSL's cashflow, and ordered MCB to deposit the adjudicated amount plus interest and costs into an interest-bearing solicitor's acco…