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

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

The court found no material breach of natural justice and no clear and unequivocal errors in the Adjudicator's Decision; the adjudicator addressed the contested matters and CBC demonstrated a prima facie right to the sum claimed based on the Final Account and admissions; consequently the stay and setting-aside applications were dismissed and the adjudication decision enforced as a judgment under s28 CIPAA.

Citation
WA-24C-187-11/2023 (Mahkamah Tinggi)
Parties
Applicant (os 160); Respondent (os 175 & 187): Charter Built Construction Sdn Bhd; Respondent (os 160); Applicant (os 175 & 187): Amalan Setar (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2024
Case Number
WA-24C-187-11/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under CIPAA for Enforcement, Stay and Setting Aside of Adjudication Decision / Hearing and Judgment (final Determination on OS 160, OS 175 and OS 187)
Outcome
OS 187 and OS 175 dismissed with costs; OS 160 granted and Adjudication Decision dated 18.8.2023 (corrected 28.8.2023) enforced as judgment of the Court.
Legal Topics
CIPAA Enforcement (s28), Setting Aside Adjudication (s15), Stay of Enforcement (s16), Natural Justice (audi Alteram Partem), Defects Liability Period, Extensions of Time, Final Certificate and Final Account, Interest and Costs
Source Language
Malay/English
Construction Law Adjudication/arbitration Law Civil Procedure Contract Law CIPAA Enforcement (s28) Setting Aside Adjudication (s15) Stay of Enforcement (s16) Natural Justice (audi Alteram Partem) +4 more

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Parties

Charter Built Construction Sdn Bhd

Applicant (os 160); Respondent (os 175 & 187)

Amalan Setar (M) Sdn Bhd

Respondent (os 160); Applicant (os 175 & 187)

Procedural Posture

Originating Summons Under CIPAA for Enforcement, Stay and Setting Aside of Adjudication Decision / Hearing and Judgment (final Determination on OS 160, OS 175 and OS 187)

Legal Issues

  1. 1 Whether the adjudicator failed to decide on date the Final Claim ought to have been issued
  2. 2 Whether the adjudicator failed to decide on the duration of the Defects Liability Period (DLP)
  3. 3 Whether there was a breach of natural justice (audi alteram partem) in the adjudication

Ratio Decidendi

The court found no material breach of natural justice and no clear and unequivocal errors in the Adjudicator's Decision; the adjudicator addressed the contested matters and CBC demonstrated a prima facie right to the sum claimed based on the Final Account and admissions; consequently the stay and setting-aside applications were dismissed and the adjudication decision enforced as a judgment under s28 CIPAA.

Court Disposition

OS 187 and OS 175 dismissed with costs; OS 160 granted and Adjudication Decision dated 18.8.2023 (corrected 28.8.2023) enforced as judgment of the Court.

Orders

  • Dismiss OS 187 with costs
  • Dismiss OS 175 with costs