1. ) CRCC MALAYSIA BERHAD 2. ) M101 ENTITY SDN BHD 1. ) M101 ENTITY SDN BHD 2. ) CRCC MALAYSIA BERHAD

1. ) CRCC MALAYSIA BERHAD 2. ) M101 ENTITY SDN BHD 1. ) M101 ENTITY SDN BHD 2. ) CRCC MALAYSIA BERHAD

The court held the adjudicator did not breach natural justice nor exceed jurisdiction: waiver and estoppel issues were raised within the adjudication pleadings and were properly ventilated by the parties and considered by the adjudicator; the solicitors' letter relied on by M101 was correspondence outside pleadings and did not negate that the substantive defence had been addressed; no clear and unequivocal error existed to justify a stay; accordingly the Setting Aside and Stay Applications were dismissed and the Enforcement Application allowed.

Citation
WA-24C-89-05/2020, WA-24C-135-06/2020, WA-24C-136-06/2020 (Mahkamah Tinggi)
Parties
Applicant/respondent: CRCC Malaysia Berhad; Applicant/respondent: M101 Entity Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 September 2020
Case Number
WA-24C-89-05/2020, WA-24C-135-06/2020, WA-24C-136-06/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (cipaa Adjudication Enforcement, Setting Aside and Stay) / Hearing and Judgment on Enforcement, Setting Aside and Stay of Adjudication Decision
Outcome
Setting Aside Application and Stay Application dismissed; Enforcement Application allowed
Legal Topics
CIPAA 2012 Ss 15, 16, 28 Enforcement and Setting Aside, Natural Justice in Adjudication, Estoppel and Waiver, Performance Bond Obligations and Set Off, Stay Pending Arbitration, Adjudicator Jurisdiction Under S 27 CIPAA
Source Language
Malay/English
Construction Law Adjudication Arbitration Contract Law Civil Procedure Company Law CIPAA 2012 Ss 15,16,28 Enforcement and Setting Aside Natural Justice in Adjudication +4 more

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Parties

CRCC Malaysia Berhad

Applicant/respondent

M101 Entity Sdn Bhd

Applicant/respondent

Procedural Posture

Originating Summons (cipaa Adjudication Enforcement, Setting Aside and Stay) / Hearing and Judgment on Enforcement, Setting Aside and Stay of Adjudication Decision

Legal Issues

  1. 1 Whether adjudicator breached natural justice by framing/deciding an issue without inviting submissions
  2. 2 Whether adjudicator failed to consider a post-pleadings solicitor's letter raising a legal defence
  3. 3 Whether adjudicator exceeded jurisdiction by deciding matters outside adjudication pleadings

Ratio Decidendi

The court held the adjudicator did not breach natural justice nor exceed jurisdiction: waiver and estoppel issues were raised within the adjudication pleadings and were properly ventilated by the parties and considered by the adjudicator; the solicitors' letter relied on by M101 was correspondence outside pleadings and did not negate that the substantive defence had been addressed; no clear and unequivocal error existed to justify a stay; accordingly the Setting Aside and Stay Applications were dismissed and the Enforcement Application allowed.

Court Disposition

Setting Aside Application and Stay Application dismissed; Enforcement Application allowed

Orders

  • Setting Aside Application dismissed with costs RM10,000.00 subject to allocatur
  • Stay Application dismissed with costs RM5,000.00 subject to allocatur