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2018 MarsdenLR 206

HIGH COURT MALAYA KUALA LUMPUR
BARISAN PERFORMA SDN BHD – Appellant
Versus
HYPE PARK CITY SDN BHD – Respondent
[Companies (Winding-Up) No: WA-28NCC-315-05/2017]



The binding nature of adjudication awards is upheld, with a focus on ensuring swift resolution in the construction industry.

Headnote:The judgment deals with a winding-up petition based on an adjudication decision under the Construction Industry Payment and Adjudication Act 2012. The court found that the petitioner had a valid claim, dismissing the respondent's arguments on solvency and cross-claim. The ruling establishes the binding nature of adjudication awards and the inability of a respondent to contest based on the grounds provided in applicable laws. The final outcome grants cost in favor of the petitioner and denies the respondent's application to strike out.

Table of Content
1. the petitioner's application was based on prior adjudication. (Para 1)

[1] The petitioner's winding-up petition was premised on an adjudication decision. The respondent resisted the petition, and had also filed a motion to strike out the petition.

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