20 Oct 2021
1. LYSAGHT CORRUGATED PIPE SDN BHD (No. Syarikat: 197201001314 (12941-P)) 2. LYSAGHT GALVANIZED STEEL BERHAD (No. Syarikat: 197901002195 (46426-P)) 1. POPEYE RESOURCES SDN BHD (No. Syarikat: 1274750-T) 2. MACSTEEL INTERNATIONAL FAR EAST LIM
- Citation
- WA-22NCC-109-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-109-03/2021 (Mahkamah Tinggi)
The court applied the full merits test: before granting a s.10 stay the court must be satisfied that a concluded arbitration agreement exists; on the available evidence (including forgery allegations and lack of original signed contracts) there was insufficient evidence of a valid arbitration agreement, therefore the s.10 stay (Enclosure 44) was dismissed and the Plaintiffs' anti-arbitration injunction applications (Enclosures 15 and 28) were allowed; the matter was directed to trial to determine the disputed issues of forgery and contract existence.