YEAN PENG CONSTRUCTION SDN. BHD. OOI BAH SENG & SONS SDN. BHD.

YEAN PENG CONSTRUCTION SDN. BHD. OOI BAH SENG & SONS SDN. BHD.

The court held that the existence of a separate civil suit does not, by itself, constitute a meritorious reason to stay an adjudication decision where the defendant has not availed itself of the statutory remedy to set aside the adjudication under s15 CIPAA; the defendant’s reliance on the civil suit and interlocutory steps is not a proper substitute for a s15 application and does not justify restraining enforcement. Consequently, the stay application was academic because enforcement was ordered in the related proceeding with payment to plaintiffs’ solicitors as stakeholder.

Citation
KA-24C-2-07/2021 (Mahkamah Tinggi)
Parties
PLAINTIF: YEAN PENG CONSTRUCTION SDN. BHD.; DEFENDAN: OOI BAH SENG & SONS SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 February 2022
Case Number
KA-24C-2-07/2021 (Mahkamah Tinggi)
Procedural Posture
Guaman Sivil (cipaa Enforcement Proceeding) / Application for Stay of Adjudication Decision and Suspension of Enforcement (interlocutory)
Outcome
Defendant’s application for stay of the adjudication decision and suspension of enforcement rendered academic and not allowed; no order as to costs for this application.
Legal Topics
CIPAA Enforcement, Stay of Adjudication, Setting Aside Adjudication, Interlocutory Applications
Source Language
Malay/English
Construction Law Adjudication/arbitration Law Civil Procedure Contract Law CIPAA Enforcement Stay of Adjudication Setting Aside Adjudication Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

YEAN PENG CONSTRUCTION SDN. BHD.

PLAINTIF

OOI BAH SENG & SONS SDN. BHD.

DEFENDAN

Procedural Posture

Guaman Sivil (cipaa Enforcement Proceeding) / Application for Stay of Adjudication Decision and Suspension of Enforcement (interlocutory)

Legal Issues

  1. 1 Whether a pending separate civil suit is a meritorious ground to obtain a stay of an adjudication decision and its enforcement under s16 CIPAA
  2. 2 Whether defendant’s failure to apply to set aside the adjudication decision under s15 CIPAA precludes obtaining a stay of enforcement

Ratio Decidendi

The court held that the existence of a separate civil suit does not, by itself, constitute a meritorious reason to stay an adjudication decision where the defendant has not availed itself of the statutory remedy to set aside the adjudication under s15 CIPAA; the defendant’s reliance on the civil suit and interlocutory steps is not a proper substitute for a s15 application and does not justify restraining enforcement. Consequently, the stay application was academic because enforcement was ordered in the related proceeding with payment to plaintiffs’ solicitors as stakeholder.

Court Disposition

Defendant’s application for stay of the adjudication decision and suspension of enforcement rendered academic and not allowed; no order as to costs for this application.

Orders

  • The adjudication decision dated 12.5.2021 is to be enforced and the adjudicated judgment sum to be paid to plaintiffs' solicitors as stakeholder pending final determination of Guaman Sivil No. KA-22NCVC-54-09/2020.
  • Costs in the enforcement proceeding: RM1,000.00 awarded (paid to plaintiffs' solicitors).