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2018 MarsdenLR 1845
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.
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| 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.
