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HIGH COURT MALAYA KUALA LUMPUR
BAKTI DINAMIK SDN BHD – Appellant
Versus
BAUER (MALAYSIA) SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of the plaintiff's application for fortuna injunction. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the absence of privity of contract. (Para 10 , 11 , 12 , 13) |
| 3. judicial interpretation of fortuna injunction principles. (Para 17 , 18 , 19) |
Introduction
[1] This is an application for a Fortuna injunction filed by the Plaintiff to restrain the Defendant from presenting a winding up petition under s 218 of the Companies Act 1965 against the plaintiff.
Key Background Facts
[2] The Plaintiff is the employer, owner and developer of a project known as the Residensi Tribeca which consists of a 37 storey block of service apartments at Jalan Imbi in Kuala Lumpur ("the Project").
[3] The Plaintiff appointed HVC Hundred Vision Construction Sdn Bhd ("HVC") as the main contractor for the Project. The main contractor was a turnkey contractor for the entire project covering all the construction works. HVC in turn engaged the Defendant as a subcontractor for earthworks, which included reinforced concrete drain diversions, piling and basement substructure works.
[4] The Project is being administered by Veritas Architects Sdn Bhd ("the Archit
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