AMALAN SETAR (M) SDN BHD CHARTER BUILT CONSTRUCTION SDN BHD

AMALAN SETAR (M) SDN BHD CHARTER BUILT CONSTRUCTION SDN BHD

The court found no breach of natural justice nor clear and unequivocal error by the adjudicator: the adjudicator addressed the principal issues, relied on the Final Account and admissions, and any alleged omissions were peripheral and not material to the decision. Consequently the applications to set aside and to stay the adjudication decision failed and the adjudication decision was enforceable and ordered to be given effect as a judgment with payment of the adjudicated sums, interest and costs.

Citation
WA-24C-175-11/2023 (Mahkamah Tinggi)
Parties
Applicant/respondent: Charter Built Construction Sdn Bhd; Respondent/applicant: Amalan Setar (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2024
Case Number
WA-24C-175-11/2023 (Mahkamah Tinggi)
Procedural Posture
Enforcement and Challenges to Adjudication Decision Under CIPAA / Originating Summonses for Enforcement (s28), Setting Aside (s15) and Stay (s16); Judgment Delivered
Outcome
Application to enforce adjudication decision granted; applications to set aside and to stay adjudication decision dismissed
Legal Topics
CIPAA Enforcement and Stay, Natural Justice (audi Alteram Partem), Defects Liability Period, Extension of Time, Final Account, Jurisdiction of Adjudicator, Setting Aside Adjudication Decision
Source Language
Malay/English
Construction Law Adjudication Law Civil Procedure Administrative Law Arbitration Law CIPAA Enforcement and Stay Natural Justice (audi Alteram Partem) Defects Liability Period +4 more

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Parties

Charter Built Construction Sdn Bhd

Applicant/respondent

Amalan Setar (M) Sdn Bhd

Respondent/applicant

Procedural Posture

Enforcement and Challenges to Adjudication Decision Under CIPAA / Originating Summonses for Enforcement (s28), Setting Aside (s15) and Stay (s16); Judgment Delivered

Legal Issues

  1. 1 Whether the adjudication decision dated 18.8.2023 (corrected 28.8.2023) should be set aside for breach of natural justice or excess of jurisdiction
  2. 2 Whether the adjudicator failed to decide on the date the Final Claim ought to be issued and the duration of the Defects Liability Period (DLP)
  3. 3 Whether a stay under section 16 CIPAA should be granted due to pending arbitration or clear and unequivocal errors

Ratio Decidendi

The court found no breach of natural justice nor clear and unequivocal error by the adjudicator: the adjudicator addressed the principal issues, relied on the Final Account and admissions, and any alleged omissions were peripheral and not material to the decision. Consequently the applications to set aside and to stay the adjudication decision failed and the adjudication decision was enforceable and ordered to be given effect as a judgment with payment of the adjudicated sums, interest and costs.

Court Disposition

Application to enforce adjudication decision granted; applications to set aside and to stay adjudication decision dismissed

Orders

  • Dismiss Originating Summons challenging the adjudication decision (s15 application) with costs
  • Dismiss Originating Summons seeking stay of adjudication decision (s16 application) with costs