20 Mar 2023
S & S QUEST RESOURCES SDN BHD JEWEL BUILDERS & RESOURCES (M) SDN BHD
- Citation
- WA-24NCC-146-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-146-03/2023 (Mahkamah Tinggi)
An adjudication decision under CIPAA constitutes an undisputed debt and may form the basis of a s466 statutory demand and winding up petition unless and until it is set aside or stayed; mere filing of s15/s16 applications does not render the debt disputed; a Fortuna injunction may only be granted if the applicant establishes a bona fide cross-claim on substantial grounds supported by evidence, which the Plaintiff failed to do, therefore the injunction was refused and the applications dismissed with costs.