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2015 MarsdenLR 428

HIGH COURT SABAH & SARAWAK KOTA KINABALU
BINA PURI CONSTRUCTION SDN BHD – Appellant
Versus
HING NYIT ENTERPRISE SDN BHD – Respondent


Table of Content
1. application for stay under cipaa. (Para 1 , 2 , 3 , 4)
2. discretionary nature of stay under s 16. (Para 5 , 6 , 7 , 8)
Ravinthran Paramaguru J:

[1] This is an application to stay the Adjudication Decision made on 12th December 2014 by the Adjudicator under the Construction Industry Payment Adjudication Act 2012 (CIPAA). The application is made under s 16 of CIPAA.

Background facts

[2] The applicant is the main contractor for the project known as "The Proposed Tourist Recreational and Commercial Development (Phase II-KK Times Square)". On 5th October 2011, the applicant awarded the sub-contract works known as "RC Structural Work to Shopping Mall, shops and Elevated Car Park, part of Basement Level and Balance of Basement Work" to the respondent. The respondent filed an Adjudication Claim on 26th September 2014 under s 9 of CIPAA for work done as at 6th June 2014. The Adjudicator granted the claim and awarded RM4,187,840.90 inclusive of expenses and costs in favour of the respondent.

Stay Application

[3] Section 16 of CIPAA under which this application is made reads as follows:

16. Stay of adjudication decision

(1) A party may apply to the High Court for a stay of an ad

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