DAMAI CITY SDN BHD MCC OVERSEAS (M) SDN BHD

DAMAI CITY SDN BHD MCC OVERSEAS (M) SDN BHD

The Court held Damai City failed to establish denial of natural justice or that the adjudicator acted in excess of jurisdiction; the preliminary objection that part-setting-aside prayer was bad in law was sustained; there were no clear and unequivocal errors or special circumstances justifying a stay; consequently the setting aside and stay applications were dismissed and the enforcement application under s28 CIPAA was allowed, with costs awarded to MCCO (RM15,000; RM8,000) and to MCCO on enforcement (RM5,000), all subject to allocatur.

Citation
WA-24C-150-09/2021 (Mahkamah Tinggi)
Parties
Plaintiff/applicant: Damai City Sdn Bhd; Defendant/respondent: MCC Overseas (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 March 2022
Case Number
WA-24C-150-09/2021 (Mahkamah Tinggi)
Procedural Posture
Construction Adjudication (cipaa) Originating Summonses for Setting Aside, Stay and Enforcement / High Court Judgment at Kuala Lumpur (trial Court Decision)
Outcome
Setting Aside Application dismissed; Stay Application dismissed; Enforcement Application allowed
Legal Topics
CIPAA S15 Set Aside, CIPAA S16 Stay, CIPAA S28 Enforcement, Natural Justice, Jurisdiction of Adjudicator, Set Off and Counterclaim, Severance of Adjudication Decision, Res Judicata, Costs
Source Language
Malay/English
Construction Law Adjudication Arbitration Civil Procedure Contract Law CIPAA S15 Set Aside CIPAA S16 Stay CIPAA S28 Enforcement +6 more

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Parties

Damai City Sdn Bhd

Plaintiff/applicant

MCC Overseas (M) Sdn Bhd

Defendant/respondent

Procedural Posture

Construction Adjudication (cipaa) Originating Summonses for Setting Aside, Stay and Enforcement / High Court Judgment at Kuala Lumpur (trial Court Decision)

Legal Issues

  1. 1 Whether part of an adjudication decision can be set aside
  2. 2 Whether adjudicator denied natural justice by deciding issues not raised by parties
  3. 3 Whether adjudicator acted in excess of jurisdiction

Ratio Decidendi

The Court held Damai City failed to establish denial of natural justice or that the adjudicator acted in excess of jurisdiction; the preliminary objection that part-setting-aside prayer was bad in law was sustained; there were no clear and unequivocal errors or special circumstances justifying a stay; consequently the setting aside and stay applications were dismissed and the enforcement application under s28 CIPAA was allowed, with costs awarded to MCCO (RM15,000; RM8,000) and to MCCO on enforcement (RM5,000), all subject to allocatur.

Court Disposition

Setting Aside Application dismissed; Stay Application dismissed; Enforcement Application allowed

Orders

  • Dismiss O.S. No. WA-24C-149-09/2021 (Setting Aside) with costs of RM15,000.00 to MCC Overseas (M) Sdn Bhd, subject to allocatur
  • Dismiss O.S. No. WA-24C-150-09/2021 (Stay) with costs of RM8,000.00 to MCC Overseas (M) Sdn Bhd, subject to allocatur