BOND M&E KL SDN BHD PRINSIPTEK (M) SDN BHD

BOND M&E KL SDN BHD PRINSIPTEK (M) SDN BHD

The Sub Contract was made on 27 July 2012 by Bond's acceptance of the Letter of Award; that date is before CIPAA came into force, therefore CIPAA does not apply to the Sub Contract, the adjudicator had no jurisdiction under CIPAA and the adjudication decision dated 6 May 2019 was set aside; OS2 allowed and OS1 dismissed.

Citation
WA-24C-90-05/2019 (Mahkamah Tinggi)
Parties
Plaintiff in Os1; Defendant in OS2: Bond M&E (KL) Sdn Bhd; Defendant in Os1; Plaintiff in OS2: Prinsiptek (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 December 2019
Case Number
WA-24C-90-05/2019 (Mahkamah Tinggi)
Procedural Posture
CIPAA Adjudication Enforcement and Setting Aside / Originating Summons Judgment on Cross Applications
Outcome
OS2 allowed; OS1 dismissed; adjudication decision set aside
Legal Topics
CIPAA Applicability, Jurisdiction of Adjudicator, Enforcement of Adjudication Decision, Setting Aside Adjudication Decision, Formation Date of Contract, Retrospective Application of Statute
Source Language
Malay/English
Construction Law Contract Law Civil Procedure Statutory Adjudication CIPAA Applicability Jurisdiction of Adjudicator Enforcement of Adjudication Decision Setting Aside Adjudication Decision +2 more

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Parties

Bond M&E (KL) Sdn Bhd

Plaintiff in Os1; Defendant in OS2

Prinsiptek (M) Sdn Bhd

Defendant in Os1; Plaintiff in OS2

Procedural Posture

CIPAA Adjudication Enforcement and Setting Aside / Originating Summons Judgment on Cross Applications

Legal Issues

  1. 1 Whether the Sub Contract was made before or after CIPAA came into force
  2. 2 Whether CIPAA applied to the Sub Contract
  3. 3 Whether the adjudicator acted in excess of jurisdiction by adjudicating a dispute under a contract outside CIPAA

Ratio Decidendi

The Sub Contract was made on 27 July 2012 by Bond's acceptance of the Letter of Award; that date is before CIPAA came into force, therefore CIPAA does not apply to the Sub Contract, the adjudicator had no jurisdiction under CIPAA and the adjudication decision dated 6 May 2019 was set aside; OS2 allowed and OS1 dismissed.

Court Disposition

OS2 allowed; OS1 dismissed; adjudication decision set aside

Orders

  • Adjudication decision dated 6 May 2019 is set aside
  • OS2 (Prinsiptek's application to set aside) is allowed