HALUAN PRISMA SDN BHD KUMPULAN AWAMBINA SDN BHD

HALUAN PRISMA SDN BHD KUMPULAN AWAMBINA SDN BHD

HPSB failed to discharge the burden of proving the adjudication decision was improperly procured: its allegations of denial of natural justice and excess of jurisdiction were vague and unsupported; the adjudicator lawfully exercised procedural discretion in declining further hearings or submissions; deficiencies in HPSB's evidence were matters for the adjudicator and do not constitute grounds to set aside under s.15 CIPAA; accordingly the High Court dismissed the setting aside application (OS1) and allowed the enforcement application (OS2), awarding costs.

Citation
WA-24C-208-10/2019 (Mahkamah Tinggi)
Parties
Plaintiff in Os1; Defendant in OS2: HALUAN PRISMA SDN BHD; Defendant in Os1; Plaintiff in OS2: KUMPULAN AWAMBINA SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 May 2020
Case Number
WA-24C-208-10/2019 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses Under the Construction Industry Payment and Adjudication Act 2012 (setting Aside and Enforcement of Adjudication Decision) / High Court Judgment on Originating Summonses (os1 Dismissed; OS2 Allowed); Appeal to Court of Appeal Lodged by HPSB
Outcome
Originating Summons No. WA-24C-208-10/2019 (OS1) dismissed; Originating Summons No. WA-24C-224-10/2019 (OS2) allowed; HPSB filed appeal to Court of Appeal
Legal Topics
Adjudication Enforcement, Setting Aside Adjudication Decision, Natural Justice (audi Alteram Partem), Jurisdictional Limits of Adjudicator, Standard of Review for Setting Aside, Estoppel, Mutual Termination, Costs
Source Language
Malay/English
Construction Law Administrative Law Civil Procedure Evidence Law Contract Law Adjudication Law (cipaa) Adjudication Enforcement Setting Aside Adjudication Decision +6 more

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Parties

HALUAN PRISMA SDN BHD

Plaintiff in Os1; Defendant in OS2

KUMPULAN AWAMBINA SDN BHD

Defendant in Os1; Plaintiff in OS2

Procedural Posture

Originating Summonses Under the Construction Industry Payment and Adjudication Act 2012 (setting Aside and Enforcement of Adjudication Decision) / High Court Judgment on Originating Summonses (os1 Dismissed; OS2 Allowed); Appeal to Court of Appeal Lodged by HPSB

Legal Issues

  1. 1 Whether the adjudication decision was improperly procured by denial of natural justice or excess of jurisdiction
  2. 2 Whether the adjudicator's refusal to call for further clarification, submissions or a hearing amounted to denial of natural justice
  3. 3 Whether the adjudicator failed to consider or appreciate the respondent's defence and documents

Ratio Decidendi

HPSB failed to discharge the burden of proving the adjudication decision was improperly procured: its allegations of denial of natural justice and excess of jurisdiction were vague and unsupported; the adjudicator lawfully exercised procedural discretion in declining further hearings or submissions; deficiencies in HPSB's evidence were matters for the adjudicator and do not constitute grounds to set aside under s.15 CIPAA; accordingly the High Court dismissed the setting aside application (OS1) and allowed the enforcement application (OS2), awarding costs.

Court Disposition

Originating Summons No. WA-24C-208-10/2019 (OS1) dismissed; Originating Summons No. WA-24C-224-10/2019 (OS2) allowed; HPSB filed appeal to Court of Appeal

Orders

  • OS1 dismissed with costs RM5,000.00 subject to 4% allocatur
  • OS2 allowed; adjudication decision declared binding and enforceable and OS2 awarded with costs RM5,000.00 subject to 4% allocatur