TSR BINA SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

TSR BINA SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

The AD was set aside because the adjudicator materially breached natural justice by refusing YTL leave to file further submissions in relation to new issues first raised in TSR's Adjudication Reply (notably TTD01A drawings, Fiberail encroachment and critical-path delay matters) which were of considerable potential...

Source-derived case information.

Citation
WA-24C-249-12/2020 (Mahkamah Tinggi)
Parties
Applicant/defendant: TSR Bina Sdn Bhd; Respondent/plaintiff: Syarikat Pembenaaan Yeoh Tiong Lay Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2021
Case Number
WA-24C-249-12/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses Under CIPAA (enforcement and Setting Aside of Adjudication Decision) / Decision on Concurrent Enforcement and Setting Aside/stay Applications
Outcome
Adjudication Decision dated 5.2.2020 set aside; Enforcement Application dismissed.
Legal Topics
CIPAA S15 Natural Justice, Setting Aside Adjudication Decision, Enforcement of Adjudication Decision, Extension of Time (eo T), Liquidated Ascertained Damages (lad), Procedural Fairness/audi Alteram Partem
Construction Law Adjudication Law Contract Law Administrative/procedural Fairness CIPAA S15 Natural Justice Setting Aside Adjudication Decision Enforcement of Adjudication Decision Extension of Time (eo T) +2 more

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Parties

TSR Bina Sdn Bhd

Applicant/defendant

Syarikat Pembenaaan Yeoh Tiong Lay Sdn Bhd

Respondent/plaintiff

Procedural Posture

Originating Summonses Under CIPAA (enforcement and Setting Aside of Adjudication Decision) / Decision on Concurrent Enforcement and Setting Aside/stay Applications

Legal Issues

  1. 1 Whether the adjudicator breached natural justice by refusing YTL leave to file further submissions after the Adjudication Reply
  2. 2 Whether the adjudicator acted without independence or beyond jurisdiction
  3. 3 Whether the Adjudication Decision (AD) should be set aside under s15 CIPAA

Ratio Decidendi

The AD was set aside because the adjudicator materially breached natural justice by refusing YTL leave to file further submissions in relation to new issues first raised in TSR's Adjudication Reply (notably TTD01A drawings, Fiberail encroachment and critical-path delay matters) which were of considerable potential importance to the adjudicator's EoT and LAD determinations; that deprivation justified setting aside under s15(b) CIPAA and consequently the enforcement application was dismissed.

Court Disposition

Adjudication Decision dated 5.2.2020 set aside; Enforcement Application dismissed.

Orders

  • Adjudication Decision dated 5 February 2020 is set aside pursuant to s 15(b) CIPAA.
  • TSR Bina Sdn Bhd's Enforcement Application (O.S. No. WA-24C-249-12/2020) is dismissed.