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2019 MarsdenLR 188

HIGH COURT MALAYA SHAH ALAM
KURNIAAN MAJU SDN BHD – Appellant
Versus
HSA SETIAMURNI SDN BHD – Respondent


Petitioner Advocates:Vishal V Kumar ,Respondent Advocate: Abdul Rashid Ismail,Ashuvynni Silver Raju

Table of Content
1. validity of hybrid originating summons (Para 1)
2. creditor's rights under adjudication decision (Para 2 , 3)

[1] This originating summons (OS) raises the following three novel questions:

(1) whether the plaintiff company (plaintiff) can file a "hybrid" or "composite" OS which applies for-

(a) an order under s 16(1)(b) of the Construction Industry Payment and Adjudication Act 2012 (CIPAA) to stay an adjudication decision dated 19 April 2019 (AD) made by Mr Khoo Chin Chio (Adjudicator) in favour of the defendant company (defendant) against the plaintiff pending the disposal of an arbitration regarding the dispute between the plaintiff and defendant (Arbitration); and

(b) a Fortuna Injunction to restrain the defendant from presenting a petition to wind up the plaintiff based on the AD. In this respect, is the defendant a creditor of the plaintiff under s 464(1)(b) of the Companies Act 2016 ( CA ) who is entitled to present a winding-up petition against the plaintiff based on the AD?;

(2) whether the court should exercise its discretion pursuant to s 16(1)

(b) CIPAA to stay the AD pending the disposal of the Arbitration (Stay Application); and

(3) if the court dismiss

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