Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd

JurisdictionMalaysia
Judgment Date2019
Date2019
CourtCourt of Appeal (Malaysia)
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7 cases
  • ASM Development (KL) Sdn Bhd v Econpile (M) Sdn Bhd
    • Malaysia
    • High Court (Malaysia)
    • 1 January 2021
  • RZH SETIA JAYA SDN BHD vs SIME DARBY ENERGY SOLUTIONS SDN BHD
    • Malaysia
    • High Court (Malaysia)
    • 9 July 2020
    ...also taken steps to refer the disputes for final determination in arbitration. 51 38. In Likas Bay Precinct Sdn Bhd v. Bina Puri Sdn Bhd [2019] 3 MLJ 244 the claimant obtained an adjudication decision in its favour and, relying upon the adjudication decision, issued a statutory notice and t......
  • PINNACLE SUPREME SDN. BHD. vs DSG PROJECTS MALAYSIA SDN. BHD.
    • Malaysia
    • High Court (Malaysia)
    • 28 September 2021
    ...basis for the issuance of the Winding-Up Notice. [20] Mr. Prakash further referred to Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244, where the Court of Appeal held that a successful claimant in a CIPAA claim may issue a statutory notice of demand and proceed to wind up a c......
  • SIME DARBY ENERGY SOLUTION SDN BHD vs RZH SETIA JAYA SDN BHD
    • Malaysia
    • Court of Appeal (Malaysia)
    • 6 April 2020
    ...Up Petition, the law is now settled with the advent of the Court of Appeal decision is Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244, it was held that one may proceed to wind up a company based on an adjudication decision under even without having to first apply to enforce......
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3 firm's commentaries
  • The Continuing Rise Of Statutory Adjudication In 2019
    • Malaysia
    • Mondaq Malaysia
    • 24 November 2020
    ...be done in an arbitration. J. WINDING UP PETITION PURSUANT TO AN ADJUDICATION AWARD In Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244, the Court of Appeal by a unanimous decision held that it is not a mandatory requirement for an adjudication decision to be registered with ......
  • Winding Up A Company Based On A CIPAA Adjudication Decision
    • Malaysia
    • Mondaq Malaysia
    • 29 April 2022
    ...Adjudication Decision?". The previous article examined the Court of Appeal's position in Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd [2019] 3 MLJ 244 and the High Court's position in ASM Development (KL) Sdn Bhd v Econpile (M) Sdn Bhd [2021] 8 MLJ 99 on the issue of whether a Fortuna inj......
  • Can A Company Be Wound Up On A CIPAA Decision?
    • Malaysia
    • Mondaq Malaysia
    • 14 January 2021
    ...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)......

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