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HIGH COURT (KUALA LUMPUR)
SAHERAN SUHENDRAN, JC
Konsortium Express Sdn Bhd – Appellant
Versus
Embition Sdn Bhd – Respondent
GROUNDS OF JUDGMENT
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.
| Contents | Page |
| INTRODUCTION & INDEX | 2 |
| BACKGROUND FACTS | 3 |
| The CIPAA Proceedings & the Arbitration | 3-4 |
| THE PETITIONER’S CASE | 5 |
| Not Genuinely Disputed | 5 |
| Unable to Pay its Debts | 5-6 |
| EMBITION’S CASE | 6-7 |
| The Adjudication Decision & Temporary Finality | 7-8 |
| COURT’S DECISION | 8 |
| THE BURDEN | 8-12 |
| The Difficulties with Salford (No 2) | 13-17 |
| Sian Participation | 17-23 |
| CIPAA AWARD IS UNDISPUTABLE | 23-25 |
| Section 13 | 25-26 |
| Section 28 | 26-28 |
| Bludream City | 28-33 |
| REMEDIES & ORDERS | 33-34 |
BACKGROUND FACTS
[2]Pursuant to a Letter of Award dated 13.6.2018 (“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 Ulu Kelang, Selangor Darul Ehsan” (the “Project”), see: Exhibit “CKL-1”, Encl. 21
[3]Embition claimed that the Works were delayed due to the Petitioner’s breaches of the LOA. The Petition
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