9 Jul 2021
PRESTIJ MEGA CONSTRUCTION SDN BHD (No. Syarikat: 1023501-M) MACLY EQUITY SDN BHD (No. Syarikat: 1001715-W)
- Citation
- WA-24NCC-111-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-111-03/2021 (Mahkamah Tinggi)
The High Court granted the Fortuna injunction because the RM7,410,000 LAD was shown to be bona fide and substantially disputed (including validity of CNC and EOTs) and the Plaintiff had a genuine substantial cross‑claim (RM12,440,125.14); the Sessions Court garnishee decision was limited to the retention sum and could not finally determine the broader contractual and LAD disputes, and presentation of a winding up petition would cause irreparable damage and thus be an abuse of process; accordingly prayers 1–3 of the Originating Summons were allowed with modification and costs of RM12,000 award…