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HIGH COURT MALAYA KUALA LUMPUR
INDACON SDN BHD – Appellant
Versus
DMC DEVELOPMENT SDN BHD – Respondent
| Table of Content |
|---|
| 1. an appeal against a high court registrar's decision. (Para 1 , 2 , 3) |
| 2. background facts surrounding the construction contract and disputes. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. procedural aspect of the application for prohibitory orders. (Para 12 , 13 , 14 , 15 , 16) |
| 4. contentions and findings regarding academic relevance. (Para 19 , 20 , 21) |
| 5. court's observations on the implications of the appeal. (Para 22) |
[1] This is an appeal against the High Court registrar's refusal to set aside a prohibitory order.
[2] The Defendant/Appellant is a private limited company and involved in the property development business.
[3] The Plaintiff/Respondent is also a private limited company and involved in the construction business.
Salient Background Facts
[4] The Plaintiff was appointed by a Dinamik Maju Corporation ("DMC") to carry out construction works pursuant to a construction contract.
[5] By reason of disputes and differences that arose between the Plaintiff and DMC under the construction contract, the Plaintiff initiated adjudication proceedings against DMC pursuant to the Construction Industry Payment and Adjudication Act 2012 ("CIPAA").
[6] The Plaintiff on 5 August 2
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