20 Oct 2023
KONSORTIUM EXPRESS SDN BHD EMBITION SDN BHD
- Citation
- WA-24C-91-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-91-06/2023 (Mahkamah Tinggi)
The court dismissed the application to set aside the adjudication decision and the stay application because the adjudicator had considered the documents and exercised his discretion lawfully (including declining an oral hearing with reasons), Embition failed to raise timely defences against the Architect's certification, and no exceptional circumstances existed to justify a stay; accordingly the adjudication decision stands and may be enforced under section 28 CIPAA.