SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD TSR BINA SDN BHD

SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD TSR BINA SDN BHD

The Adjudication Decision was set aside because the adjudicator materially breached the audi alteram partem rule by refusing YTL the opportunity to respond to new issues and documents raised in the Adjudication Reply which were of considerable potential importance to the determination of EoT and LAD; that breach was material and justified setting aside under s15(b) CIPAA, and therefore enforcement was dismissed.

Citation
WA-24C-8-02/2021 (Mahkamah Tinggi)
Parties
Applicant (o.s. No. WA 24 C 249 12/2020); Defendant (o.s. No. WA 24 C 8 02/2021): TSR Bina Sdn Bhd; Plaintiff (o.s. No. WA 24 C 8 02/2021); Respondent (o.s. No. WA 24 C 249 12/2020): Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2021
Case Number
WA-24C-8-02/2021 (Mahkamah Tinggi)
Procedural Posture
CIPAA Adjudication Enforcement and Setting Aside Applications / High Court Decision on Originating Summonses (grounds of Judgment)
Outcome
Setting Aside/Stay Application allowed; Adjudication Decision dated 5.2.2020 set aside; Enforcement Application dismissed.
Legal Topics
Adjudication Enforcement, Setting Aside Adjudication Decision, Natural Justice (audi Alteram Partem), Excess of Jurisdiction, Extension of Time (eo T), Liquidated Ascertained Damages (lad), Set Off, Costs
Source Language
Malay/English
Construction Law Administrative Law Civil Procedure Arbitration Law Judicial Review of Adjudication Adjudication Enforcement Setting Aside Adjudication Decision Natural Justice (audi Alteram Partem) +5 more

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Parties

TSR Bina Sdn Bhd

Applicant (o.s. No. WA 24 C 249 12/2020); Defendant (o.s. No. WA 24 C 8 02/2021)

Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd

Plaintiff (o.s. No. WA 24 C 8 02/2021); Respondent (o.s. No. WA 24 C 249 12/2020)

Procedural Posture

CIPAA Adjudication Enforcement and Setting Aside Applications / High Court Decision on Originating Summonses (grounds of Judgment)

Legal Issues

  1. 1 Whether the adjudicator breached natural justice by refusing YTL leave to file further submissions after the Adjudication Reply
  2. 2 Whether the adjudicator acted in excess of jurisdiction or went on a frolic
  3. 3 Whether the High Court should enforce the Adjudication Decision pending arbitration

Ratio Decidendi

The Adjudication Decision was set aside because the adjudicator materially breached the audi alteram partem rule by refusing YTL the opportunity to respond to new issues and documents raised in the Adjudication Reply which were of considerable potential importance to the determination of EoT and LAD; that breach was material and justified setting aside under s15(b) CIPAA, and therefore enforcement was dismissed.

Court Disposition

Setting Aside/Stay Application allowed; Adjudication Decision dated 5.2.2020 set aside; Enforcement Application dismissed.

Orders

  • Adjudication Decision dated 5 February 2020 set aside.
  • TSR’s Enforcement Application dismissed.