Can A Company Be Wound Up On A CIPAA Decision? - Litigation, Mediation & Arbitration
The Court of Appeal in Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244, held that a successful claimant in adjudication proceedings is not required to enforce the adjudication decision before issuing a statutory notice of demand. However, in ASM Development (KL) Sdn Bhd v Econpile (M) Sdn Bhd (Case No. WA-24NCC-363-07/2019), the High Court recently allowed the plaintiff's application for a Fortuna Injunction, which restrained the successful party in a CIPAA proceeding from presenting a winding-up petition against the losing party who failed to pay the adjudicated sum ...
Source: mondaq.com