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HIGH COURT MALAYA JOHOR BAHRU
SOUTHERN BUILDERS (J) SDN BHD – Appellant
Versus
MRCB BUILDERS SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of case facts and initial applications. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the appropriateness of stay applications. (Para 7 , 8 , 9) |
| 3. determination of the stay application based on legal tests. (Para 10 , 12) |
| 4. observations on special circumstances and the impact of execution. (Para 14 , 15) |
[1] Under encl 19, the Defendant had applied for a stay of execution of an Order given by this Court on the 10 June 2018, which Order had been made in respect of 2 matters.
[2] Under this Originating Summons action, the Plaintiff had applied for leave to enforce an adjudication award dated 13 December 2017 which had been made under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") against the Defendant.
[3] By another Originating Summons No JA-24C-2-01/2018 between the same parties, the Defendant had applied to set aside that same adjudication award decision made.
[4] Both these Originating Summonses had been heard together, where the Order made on the 10 June 2018 had been to dismiss the application to set aside the said adjudication award, and flowing therefrom, to allow the application for leave to enforce the adjudication award
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