MERAH BAYU GLOBAL SDN. BHD. v TK ELEVATOR MALAYSIA SDN. BHD.

wa-24c-145-09-2023 High Court (Mahkamah Tinggi) 21 January 2024 • WA-24C-145-09/2023 • 14 min read

8 cases cited (0 SG, 8 foreign)

Catchwords

The Plaintiff has commenced Arbitration Proceedings - The Defendant would be indebted to the Plaintiff in the sum of RM 1,773,813.00 if the Plaintiff’s claims are allowed in the Arbitration Proceedings - This indebtedness arises because the Plaintiff has been held liable by the Employer due to the breaches of the Work even though those breaches are directly attributed to the Defendant’s actions - There is no urgency in respect of the payment sought as the CIPAA proceedings were not commenced with haste by the Defendant.

Judges (1)

Aliza binti Sulaiman Delivered

Counsel (5)

Azmi Fadzly Maha & Sim Firm Shafee & Co. Firm Deepak Mahadevan Counsel Defendant Jas Lim Fang Ni Counsel Defendant Thilagan Mehanathan Counsel Plaintiff

Parties (2)

MERAH BAYU GLOBAL Sdn Bhd Applicant TK ELEVATOR MALAYSIA Sdn Bhd Respondent

Statutes Cited

Construction Industry Payment and Adjudication Act 2012

s 28

Rules of Court 2012

Cases Cited (8)

MY (8)

[2015] MLJU 1952 [2018] 2 MLJ 22 [2019] 2 MLJ 362 [2020] MLJU 1162 [2020] MLJU 2058 [2021] MLJU 2009 [2022] MLJU 1951 [2023] MLJU 2324

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24c-145-09-2023)