PEMBINAAN SPK SDN.BHD v 1. ) CONAIRE ENGINEERING SDN BHD L.L.C 2. ) BINA PURI HOLDINGS BHD

02f-59-10-2021w Federal Court (Mahkamah Persekutuan) 22 February 2023 • 02(f)-59-10/2021(W)

Catchwords

[1] This was a common law action for the enforcement of a foreign judgment. This course of action was necessitated by the fact that the judgment, a judgment entered in default, emanated from the Abu Dhabi Court of First Instance, and the United Arab Emirates is not a reciprocating country listed under the First Schedule to the Reciprocal Enforcement of Judgments Act 1958 [REJA]. The claim was allowed at the High Court and the decision was affirmed on appeal although the Court of Appeal did vary the award on the interest rate, that it was to run from the date of the judgment in Abu Dhabi instead of from the date of decision at the High Court.

Practice Areas

1 This was a common law action for the enforcement of a foreign judgment. This course of action was necessitated by the fact that the judgment, a judgment entered in default, emanated from the Abu Dhabi Court of First Instance, and the United Arab Emirates is not a reciprocating country listed under the First Schedule to the Reciprocal Enforcement of Judgments Act 1958 REJA. The claim was allowed at the High Court and the decision was affirmed on appeal although the Court of Appeal did vary the award on the interest rate, that it was to run from the date of the judgment in Abu Dhabi instead of from the date of decision at the High Court.

Judges (3)

Amar Abang Iskandar bin Abang Hashim Coram Mary Lim Thiam Suan Coram Tengku Maimun binti Tuan Mat Delivered

Parties (3)

BINA PURI HOLDINGS BHD Respondent CONAIRE ENGINEERING Sdn Bhd L.L.C Respondent PEMBINAAN SPK Sdn Bhd Appellant

Case Significance

PEMBINAAN SPK SDN.BHD v 1. ) CONAIRE ENGINEERING SDN BHD L.L.C 2. ) BINA PURI... is a Federal Court (Mahkamah Persekutuan) decision dated February 22, 2023 (citation: 02f-59-10-2021w). The panel comprised Amar Abang Iskandar bin Abang Hashim, Mary Lim Thiam Suan and Tengku Maimun binti Tuan Mat, with Tengku Maimun binti Tuan Mat delivering the judgment.

What was the outcome of PEMBINAAN SPK SDN.BHD v 1. ) CONAIRE ENGINEERING SDN BHD L.L.C 2. ) BINA PURI...?

PEMBINAAN SPK SDN.BHD v 1. ) CONAIRE ENGINEERING SDN BHD L.L.C 2. ) BINA PURI... is a Federal Court decision dated February 22, 2023. The case was heard by Amar Abang Iskandar bin Abang Hashim. See the full judgment for details.