HIGH COURT (KUALA LUMPUR)
DATO’ HAJI AKHTAR BIN TAHIR, J
Guaman No. WA-22NCVC-88-02/2020
3 August 2020
JudgmentThe 1st Defendant’s application
[1] The Defendant in this case applied (encl 8) for an order under section 10 of the Arbitration Act and or under Order 69 Rule 10 of the Rules of Court 2012 for a stay of proceedings to refer to arbitration.The Plaintiff’s claim
[2] Although the Statement of Claim in this claim is lengthy and contains facts as well as evidence there are a number of facts which can be gleaned from reading it, in its entirety.
[3] The Plaintiff was set up as a private limited company under the Ministry of Higher Education to promote Malaysia as an education hub. To achieve this aim the Plaintiff wanted to set up an integrated system to register foreign students.
[4] The 2nd to 4th Defendant’s as the representative of the Plaintiff were tasked with awarding the project to an eligible entity as well as enter into an agreement with the chosen entity.
[5] In this case it is the main allegation of the Plaintiff is that the 2nd to 4th Defendants had conspired with the 1st Defendant not only by awarding the contract to the 1st Defendant but also into entering into an invalid and lopsided agreement against the interest of the Plaintiff, the Treasury and the Government.
[6] The Statement of Claim than details out the facts to support the allegation of the Plaintiff leading to the various reliefs asked for including invalidating the agreement entered with the 1st Defendant.