BYD Auto Industry Company Ltd v AMDAC (M) Sdn Bhd
16 June 2016 | Source: Thomas Philip
The Kuala Lumpur High Court has in Civil Suit No.:WA-24NCC-128-04/2016 ordered a freezing injunction against AMDAC (M) Sdn Bhd ("AMDAC") in a claim filed by BYD Auto Industry Company Ltd ("BYD"), one of the largest global manufacturers of electric buses.

The Court found that there was a valid cause of action against AMDAC for the grant of a freezing injunction pending the disposal of ongoing arbitration proceedings, and ordered AMDAC to deposit a sum of RM 4,500,000.00 into a joint stakeholders account held in the names of the parties' respective solicitors pending the disposal of arbitration proceedings in the Kuala Lumpur Regional Centre for Arbitration ("KLRCA").

The claim was filed by BYD in respect of a project valued at approximately RM 24 million awarded to it by Syarikat Prasarana Sdn Bhd for the manufacture and subsequent maintenance of electric buses intended for use in the Sunway BRT Line Project. Subsequently, BYD executed a collaboration agreement with AMDAC towards meeting the requirements of the Project. It was BYD's claim that AMDAC had received several tranches of payment from Syarikat Prasarana in respect of the Project but had failed and/or neglected to remit the sums due and owing to BYD in breach of the collaboration agreement.

Judge: Y.A Puan Noorin Binti Badaruddin; Counsel / Solicitor on record for the Plaintiff: Lavinia Kumaraendran, Mavinthra Jothy (M/s Thomas Philip); Counsel / Solicitor on record for the Defendant: Michael Choo (M/s NK Tan & Rahim)

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