KWSL BUILDERS SDN BHD MUDAJAYA CORPORATION BERHAD

KWSL BUILDERS SDN BHD MUDAJAYA CORPORATION BERHAD

The court dismissed the applications to set aside the adjudication decisions and refused stays because CIPAA permits concurrent adjudication and court proceedings, the adjudicators acted within their statutory jurisdiction and observed natural justice, commencement of adjudication after the filing of court proceedings did not demonstrate mala fides or abuse, counterclaims and set-offs beyond the contract subject of the adjudication are not permitted in adjudication and cannot exceed the adjudicated claim, and the View Esteem thresholds for staying enforcement were not met; accordingly the enforcement applications under s28 CIPAA were allowed and costs awarded to KWSL.

Citation
BA-24C-23-04/2022 (Mahkamah Tinggi)
Parties
Plaintiff/defendant: Mudajaya Corporation Bhd; Plaintiff/defendant: KWSL Builders Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2022
Case Number
BA-24C-23-04/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses (setting Aside and Enforcement Under Cipaa) / Judgment
Outcome
Setting aside applications dismissed/refused; stay applications dismissed; enforcement applications allowed.
Legal Topics
Adjudication Under CIPAA, Setting Aside Adjudication Decision, Enforcement of Adjudication Decision, Stay of Enforcement, Issue Estoppel, Natural Justice, Counterclaim and Set Off, Abuse of Process, Adjudicator Jurisdiction
Source Language
Malay/English
Construction Law Adjudication (cipaa) Civil Procedure Contract Law Company Law Tort Law Adjudication Under CIPAA Setting Aside Adjudication Decision +7 more

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Parties

Mudajaya Corporation Bhd

Plaintiff/defendant

KWSL Builders Sdn. Bhd.

Plaintiff/defendant

Procedural Posture

Originating Summonses (setting Aside and Enforcement Under Cipaa) / Judgment

Legal Issues

  1. 1 Whether adjudication commenced after prior court suit can be set aside
  2. 2 Whether commencement of adjudication after suit constitutes mala fides or abuse of process
  3. 3 Whether adjudication proceedings were contrary to CIPAA's object

Ratio Decidendi

The court dismissed the applications to set aside the adjudication decisions and refused stays because CIPAA permits concurrent adjudication and court proceedings, the adjudicators acted within their statutory jurisdiction and observed natural justice, commencement of adjudication after the filing of court proceedings did not demonstrate mala fides or abuse, counterclaims and set-offs beyond the contract subject of the adjudication are not permitted in adjudication and cannot exceed the adjudicated claim, and the View Esteem thresholds for staying enforcement were not met; accordingly the enforcement applications under s28 CIPAA were allowed and costs awarded to KWSL.

Court Disposition

Setting aside applications dismissed/refused; stay applications dismissed; enforcement applications allowed.

Orders

  • OS No. BA-24C-20-03/2022 (Setting Aside Application) dismissed
  • Enforcement OS No. BA-24C-23-04/2022 allowed (leave to enforce adjudication decision as High Court judgment)