1. ) BA-24C-64-07/2020 ROSHA DYNAMIC SDN. BHD. (Co. No.: 623099-H) 2. ) BA-24C-91-09/2020 1.MOHD. SALEHHODIN BIN SABIYEE (NRIC No. 620709-10-5975) 2.MUHAMMAD NAZMIE BIN MOHD. SALEHHODIN (NRIC No. 930614-10-6039) 3.NAZRUL NAJIB BIN BIN MOHD.

1. ) BA-24C-64-07/2020 ROSHA DYNAMIC SDN. BHD. (Co. No.: 623099-H) 2. ) BA-24C-91-09/2020 1.MOHD. SALEHHODIN BIN SABIYEE (NRIC No. 620709-10-5975) 2.MUHAMMAD NAZMIE BIN MOHD. SALEHHODIN (NRIC No. 930614-10-6039) 3.NAZRUL NAJIB BIN BIN MOHD.

Adjudicator correctly dismissed claim for loss of profit as outside ‘payment’ under CIPAA but had jurisdiction to decide the works claim; alleged contractual or evidential errors, and alleged failure to follow the Letter of Award or to accept joint measurement/payment certificate, did not amount to excess of jurisdiction nor to breaches (fraud, bribery or material denial of natural justice) warranting setting aside under s15; therefore the application to set aside the adjudication decision is dismissed and leave to enforce the adjudication decision is granted under s28 with costs to the successful party.

Citation
BA-24C-64-07/2020, BA-24C-91-09/2020 & BA-24C-95-10/2020 (Mahkamah Tinggi)
Parties
Plaintiff/defendant: Rosha Dynamic Sdn. Bhd.; Defendant/plaintiff: Mohd. Salehhodin bin Sabiyee (trading as Maju Bena Enterprise); Defendant/plaintiff: Muhammad Nazmie bin Mohd. Salehhodin (trading as Maju Bena Enterprise); Defendant/plaintiff: Nazrul Najib bin Mohd. Salehhodin (trading as Maju Bena Enterprise)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 April 2021
Case Number
BA-24C-64-07/2020, BA-24C-91-09/2020 & BA-24C-95-10/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses Under CIPAA / Judgment
Outcome
Setting Aside OS dismissed; Enforcement OS allowed; interim stay lapsed.
Legal Topics
CIPAA, Jurisdiction, Natural Justice, Apparent Bias, Enforcement of Adjudication Decision, Fraud and Bribery
Source Language
Malay/English
Construction Law Adjudication Civil Procedure Contract Law CIPAA Jurisdiction Natural Justice Apparent Bias +2 more

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Parties

Rosha Dynamic Sdn. Bhd.

Plaintiff/defendant

Mohd. Salehhodin bin Sabiyee (trading as Maju Bena Enterprise)

Defendant/plaintiff

Muhammad Nazmie bin Mohd. Salehhodin (trading as Maju Bena Enterprise)

Defendant/plaintiff

Nazrul Najib bin Mohd. Salehhodin (trading as Maju Bena Enterprise)

Defendant/plaintiff

Procedural Posture

Originating Summonses Under CIPAA / Judgment

Legal Issues

  1. 1 Whether adjudicator had jurisdiction to adjudicate claim for loss of profit under CIPAA
  2. 2 Whether adjudicator had jurisdiction to adjudicate claim for works under CIPAA
  3. 3 Whether adjudicator exceeded jurisdiction by not following contractual measurement/terms

Ratio Decidendi

Adjudicator correctly dismissed claim for loss of profit as outside ‘payment’ under CIPAA but had jurisdiction to decide the works claim; alleged contractual or evidential errors, and alleged failure to follow the Letter of Award or to accept joint measurement/payment certificate, did not amount to excess of jurisdiction nor to breaches (fraud, bribery or material denial of natural justice) warranting setting aside under s15; therefore the application to set aside the adjudication decision is dismissed and leave to enforce the adjudication decision is granted under s28 with costs to the successful party.

Court Disposition

Setting Aside OS dismissed; Enforcement OS allowed; interim stay lapsed.

Orders

  • Setting Aside originating summons dismissed with costs
  • Leave granted to Maju to enforce the adjudication decision under s28 CIPAA (Enforcement Order)