1. ) ANTAH SCHINDLER SDN. BHD. 2. ) GOLDEN BASE CONSTRUCTION SDN. BHD. 1. ) GOLDEN BASE CONSTRUCTION SDN. BHD. 2. ) ANTAH SCHINDLER SDN. BHD.

1. ) ANTAH SCHINDLER SDN. BHD. 2. ) GOLDEN BASE CONSTRUCTION SDN. BHD. 1. ) GOLDEN BASE CONSTRUCTION SDN. BHD. 2. ) ANTAH SCHINDLER SDN. BHD.

The Court found Clause 41 incorporated a prior jointly inspected valuation into the subcontract and thus the disputed sums fell within CIPAA definitions and the adjudicator had jurisdiction; the adjudicator properly relied on site inspection sign-offs and adjudication procedure so complaints about evidentiary sufficiency did not found breach of natural justice; CIPAA confers power to award interest; no clear and unequivocal errors justified a stay or setting aside; accordingly the adjudication decision was enforceable and the setting‑aside and stay applications were dismissed.

Citation
WA-24C-165-09/2019 & WA-24C-221-10/2019 (Mahkamah Tinggi)
Parties
Plaintiff (in OS WA 24 C 165 09/2019); Defendant (in Cross OS WA 24 C 221 10/2019): Antah Schindler Sdn. Bhd.; Defendant (in OS WA 24 C 165 09/2019); Plaintiff (in Cross OS WA 24 C 221 10/2019): Golden Base Construction Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 January 2020
Case Number
WA-24C-165-09/2019 & WA-24C-221-10/2019 (Mahkamah Tinggi)
Procedural Posture
CIPAA Adjudication Enforcement and Setting Aside Applications / High Court Judgment on Enforcement and Setting Aside Applications (final)
Outcome
Setting aside application and stay application dismissed; enforcement application allowed; adjudication decision enforced.
Legal Topics
Adjudication Under CIPAA, Enforcement of Adjudication Decision, Setting Aside and Stay of Adjudication Decision, Natural Justice, Adjudicator Jurisdiction, Award of Interest
Source Language
Malay/English
Construction Law Administrative Law Civil Procedure Contract Law Adjudication Under CIPAA Enforcement of Adjudication Decision Setting Aside and Stay of Adjudication Decision Natural Justice +2 more

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Parties

Antah Schindler Sdn. Bhd.

Plaintiff (in OS WA 24 C 165 09/2019); Defendant (in Cross OS WA 24 C 221 10/2019)

Golden Base Construction Sdn. Bhd.

Defendant (in OS WA 24 C 165 09/2019); Plaintiff (in Cross OS WA 24 C 221 10/2019)

Procedural Posture

CIPAA Adjudication Enforcement and Setting Aside Applications / High Court Judgment on Enforcement and Setting Aside Applications (final)

Legal Issues

  1. 1 Whether the sum of RM2,361,642.12 under Clause 41 of the Letter of Award falls within the ambit of CIPAA and thus within the adjudicator's jurisdiction
  2. 2 Whether the adjudicator breached natural justice or acted in excess of jurisdiction by allowing uncertified Progress Claim No.23 for RM927,037.02 without reviewing supporting documents
  3. 3 Whether the adjudicator had power to award interest on the adjudicated sums

Ratio Decidendi

The Court found Clause 41 incorporated a prior jointly inspected valuation into the subcontract and thus the disputed sums fell within CIPAA definitions and the adjudicator had jurisdiction; the adjudicator properly relied on site inspection sign-offs and adjudication procedure so complaints about evidentiary sufficiency did not found breach of natural justice; CIPAA confers power to award interest; no clear and unequivocal errors justified a stay or setting aside; accordingly the adjudication decision was enforceable and the setting‑aside and stay applications were dismissed.

Court Disposition

Setting aside application and stay application dismissed; enforcement application allowed; adjudication decision enforced.

Orders

  • O.S. No. WA-24C-221-10/2019 (Setting Aside and Stay) dismissed
  • O.S. No. WA-24C-165-09/2019 (Enforcement) allowed and adjudication decision enforced as judgment of the High Court pursuant to s28 CIPAA