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HIGH COURT MALAYA KUALA LUMPUR
LLC INFRA SDN BHD – Appellant
Versus
VKPT SDN BHD – Respondent
| Table of Content |
|---|
| 1. application and grounds for winding up petition. (Para 1 , 3 , 5 , 10 , 15) |
| 2. final decision granting winding up order. (Para 4) |
| 3. adjudication decision and related debts. (Para 6 , 8 , 13 , 16) |
| 4. indisputability of adjudicated debt in winding up. (Para 18 , 20 , 21 , 28 , 30) |
| 5. court’s analysis of adjudication and winding up compatibility. (Para 22 , 26 , 29 , 31) |
Introduction
[1] The Petitioner claims a debt for monies owed under two (2) decisions, being an adjudication decision dated 11 January 2024 ("the Adjudication Decision") under the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") and an order of the High Court dated 20 May 2024 ("the High Court Order").
(a) The Petitioner filed a winding up petition dated 23 September 2024 (Encl 1) ("the Petition") based on the aforesaid debt. In response, the Respondent filed a notice of application dated 28 November 2024 (Encl 21) for essentially, a stay of the Petition pending the hearing of the other application for the a stay of the Adjudication Decision in WA-24C-190-11/2024 ("Suit 190").
(b) The Petitioner filed submissions ("collectively "Petitioner Subs") on 26 Novemb
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