INTERIA SDN BHD HALUAN PRISMA SDN BHD

INTERIA SDN BHD HALUAN PRISMA SDN BHD

The court dismissed the application to set aside the adjudication decision because the adjudicator acted within statutory powers, did not commit a breach of natural justice in the manner alleged, the disputes raised amounted to merits issues not covered by section 15, and therefore the adjudication decision was enforceable under section 28 CIPAA; enforcement granted and order in terms of the enforcement originating summons awarded.

Citation
WA-24C-27-02/2024 (Mahkamah Tinggi)
Parties
Plaintiff (os 10) / Defendant (os 27): HALUAN PRISMA SDN BHD [Company No. 199601004555 (376901-W)]; Defendant (os 10) / Plaintiff (os 27): INTERIA SDN BHD [Company No. 131131-K]
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 September 2024
Case Number
WA-24C-27-02/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under CIPAA (set Aside and Enforcement of Adjudication Decision) / Judgment on Originating Summons Applications to Set Aside and to Enforce Adjudication Decision
Outcome
Application to set aside adjudication decision dismissed; enforcement application allowed
Legal Topics
CIPAA Enforcement, Setting Aside Adjudication, Natural Justice, Jurisdiction, Costs and Interest
Source Language
Malay/English
Construction Law Adjudication Civil Procedure CIPAA Enforcement Setting Aside Adjudication Natural Justice Jurisdiction Costs and Interest

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Parties

HALUAN PRISMA SDN BHD [Company No. 199601004555 (376901-W)]

Plaintiff (os 10) / Defendant (os 27)

INTERIA SDN BHD [Company No. 131131-K]

Defendant (os 10) / Plaintiff (os 27)

Procedural Posture

Originating Summons Under CIPAA (set Aside and Enforcement of Adjudication Decision) / Judgment on Originating Summons Applications to Set Aside and to Enforce Adjudication Decision

Legal Issues

  1. 1 Whether the adjudication decision dated 19.12.2023 should be set aside under section 15(b),(c) or (d) CIPAA
  2. 2 Whether the adjudicator breached natural justice by seeking advice and not permitting further reply
  3. 3 Whether the adjudicator acted in excess of jurisdiction in imposing time and mode of payment

Ratio Decidendi

The court dismissed the application to set aside the adjudication decision because the adjudicator acted within statutory powers, did not commit a breach of natural justice in the manner alleged, the disputes raised amounted to merits issues not covered by section 15, and therefore the adjudication decision was enforceable under section 28 CIPAA; enforcement granted and order in terms of the enforcement originating summons awarded.

Court Disposition

Application to set aside adjudication decision dismissed; enforcement application allowed

Orders

  • Application in Originating Summons No. WA-24C-10-01/2024 (set aside) dismissed with costs to Interia Sdn Bhd
  • Enforcement application in Originating Summons No. WA-24C-27-02/2024 allowed; Order In Terms as per prayers (a), (b)(i) to (iii) and (c) of enclosure 1 in OS 27 granted