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HIGH COURT MALAYA KUALA LUMPUR
KONSORTIUM EXPRESS SDN BHD – Appellant
Versus
EMBITION SDN BHD – Respondent
| Table of Content |
|---|
| 1. facts of the case and the adjudication process. (Para 1 , 2 , 4 , 5 , 7 , 9 , 10 , 12) |
| 2. petitioner's assertions regarding the debt's non-disputability. (Para 13 , 15 , 17 , 20 , 21) |
| 3. arguments regarding the temporary nature of the adjudication decision. (Para 22 , 23 , 25 , 27 , 28) |
| 4. policy considerations between winding up and arbitration. (Para 39 , 40 , 44 , 46) |
| 5. cipaa debt is disputable but not in winding up petitions. (Para 63 , 64 , 70) |
| 6. cipaa debts are deemed undisputable for winding up. (Para 79 , 80 , 82) |
| 7. court's discretion in granting a winding up order. (Para 87 , 89) |
Introduction
[1] This matter concerns a petition ("the Petition") to wind up the Respondent ("Embition") for failing to satisfy an adjudication decision under the Construction Industry Payment and Adjudication Act 2012 ('CIPAA'). The Index hereof is as below.
Background Facts
[2] Pursuant to a Letter of Award dated 13 June 2018 ("LOA"), Embition appointed the Petitioner to carry out infrastructure works ("Works") in a project known as "Construction and Completion of Infrastructure Works for Cadangan Pembangunan (Guarded Community) on Lot 424, Mukim
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