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HIGH COURT MALAYA KUALA LUMPUR
IMPERO LAND SDN BHD – Appellant
Versus
ANEKA JARINGAN SDN BHD – Respondent
| Table of Content |
|---|
| 1. injunction against winding-up petition. (Para 1 , 2 , 7) |
| 2. background and agreements between parties. (Para 3 , 4 , 5 , 6) |
| 3. principles governing fortuna injunctions. (Para 8 , 9 , 10) |
| 4. court’s assessment of disputed debts. (Para 11 , 12 , 19 , 22) |
| 5. effects of contract termination on retention sums. (Para 20 , 21) |
| 6. final order dismissing the summons. (Para 23) |
A. Introduction
[1] The plaintiff filed an originating summons, seeking a Fortuna Injunction to restrain the defendant from presenting a winding-up petition or continuing with winding-up proceedings against it.
[2] The court dismissed the originating summons, after finding that the debt owed by the plaintiff to the defendant is an undisputed debt.
B. Background Facts
[3] By a letter of award dated 19 October 2020 ("Letter of Award"), the defendant was appointed by the plaintiff as a contractor for works involving the construction of a residential apartment in Pantai Dalam, Kuala Lumpur ("Project").
[4] The defendant claimed it ceased works due to non-payment by the plaintiff. The defendant initiated adjudication proceedings against the plaintiff, and an adjudication decision dated 3
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