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2023 MarsdenLR 681

HIGH COURT MALAYA SHAH ALAM
OTIS ELEVATOR COMPANY (M) SDN BHD – Appellant
Versus
DESARU CONVENTION CENTRE SDN BHD & OTHER CASES – Respondent


Petitioner Advocates:Deepak Mahadevan,Moganasundari Mahalingam,Loon Ann Ni ,Respondent Advocate: Rajendra Navaratnam,Raja Kumar Raja Kandan,Koh Yi Ting,Ng Chu Yin

Table of Content
1. employer cannot use dispute resolution agreement against sub-contractor. (Para 5)
Wong Kian Kheong J:

A. Introduction

[1] This judgment concerns the following three originating summonses (3 OS):

(1) OS No BA-24C-29-04/2022 (1st OS) has been filed by the plaintiff company (plaintiff) against Desaru Convention Centre Sdn Bhd [defendant (1st OS)];

(2) the plaintiff has instituted OS No BA-24C-30-04/2022 (2nd OS) against Desaru Estate Sdn Bhd [defendant (2nd OS)]; and

(3) OS No BA-24C-29-04/2022 (3rd OS) has been commenced by the plaintiff against Desaru Corniche Hotel Sdn Bhd [Defendant (3rd OS)].

B. Background

B(1). 1st OS

[2] The defendant (1st OS) had appointed Malaysian Resources Corporation Bhd (MRCB) as the main contractor for the construction of "Desaru Convention Centre" [Project (1st OS)].

[3] By way of a "Letter of Acceptance" (LA) dated 26 October 2015, MRCB appointed the plaintiff to perform certain construction work in the Project (1st OS) [Works (1st OS)].

[4] The plaintiff had performed the Works (1st OS) but had not been paid by MRCB for the Works (1st OS) [Unpaid Works (1st OS)]. Hence, the plaintiff claimed from MRCB for the Unpaid Works (1st OS) under the C

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