ENQUEST PETROLEUM PRODUCTION MALAYSIA LTD PBJV GROUP SDN BHD

ENQUEST PETROLEUM PRODUCTION MALAYSIA LTD PBJV GROUP SDN BHD

The High Court found no denial of natural justice: the adjudicator reviewed submissions, identified issues, gave intelligible reasons and was entitled to weigh evidence and decline to seek further clarification; therefore OS 2 (setting aside) was dismissed and OS 1 (enforcement) was allowed, enforcing the adjudication decision as a High Court judgment with costs awarded to PBJV.

Citation
WA-24C-33-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff in OS 1; Defendant in OS 2: PBJV Group Sdn Bhd; Defendant in OS 1; Plaintiff in OS 2: Enquest Petroleum Production Malaysia Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 July 2022
Case Number
WA-24C-33-01/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summonss Under CIPAA (setting Aside and Enforcement of Adjudication Decision) / High Court Judgment (construction Court 1) Dated 22 August 2022; Appeal to Court of Appeal Filed by Enquest on 2 August 2022
Outcome
OS 2 dismissed; OS 1 allowed (enforcement of adjudication decision as judgment)
Legal Topics
Adjudication Under CIPAA, Setting Aside Adjudication Decision (s.15), Enforcement of Adjudication Decision as Judgment (s.28), Natural Justice / Procedural Fairness, Scope of Judicial Review of Adjudicator's Merits
Source Language
Malay/English
Construction Law Contract Law Civil Procedure Administrative Law Adjudication Under CIPAA Setting Aside Adjudication Decision (s.15) Enforcement of Adjudication Decision as Judgment (s.28) Natural Justice / Procedural Fairness +1 more

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Parties

PBJV Group Sdn Bhd

Plaintiff in OS 1; Defendant in OS 2

Enquest Petroleum Production Malaysia Ltd

Defendant in OS 1; Plaintiff in OS 2

Procedural Posture

Originating Summonss Under CIPAA (setting Aside and Enforcement of Adjudication Decision) / High Court Judgment (construction Court 1) Dated 22 August 2022; Appeal to Court of Appeal Filed by Enquest on 2 August 2022

Legal Issues

  1. 1 Whether adjudication decision should be set aside for denial of natural justice under s.15(b) CIPAA
  2. 2 Whether the adjudicator failed to consider contractual clauses and therefore made an unreasoned or biased decision
  3. 3 Whether adjudicator was obliged to seek clarification when discrepancies existed in supporting documents

Ratio Decidendi

The High Court found no denial of natural justice: the adjudicator reviewed submissions, identified issues, gave intelligible reasons and was entitled to weigh evidence and decline to seek further clarification; therefore OS 2 (setting aside) was dismissed and OS 1 (enforcement) was allowed, enforcing the adjudication decision as a High Court judgment with costs awarded to PBJV.

Court Disposition

OS 2 dismissed; OS 1 allowed (enforcement of adjudication decision as judgment)

Orders

  • Originating Summons No. WA-24C-33-01/2022 (OS 2) dismissed with costs of RM5,000.00 (subject to usual allocator)
  • Originating Summons No. WA-24C-18-01/2022 (OS 1) allowed; adjudication decision dated 29 December 2021 enforced as judgment; costs of RM5,000.00 awarded (subject to usual allocator)