JAKS SDN BHD ZETA LETRIK SDN BHD

JAKS SDN BHD ZETA LETRIK SDN BHD

The court dismissed the setting aside and stay applications and allowed enforcement because JAKS failed to prove denial of natural justice or that the adjudicator exceeded jurisdiction; alleged errors were merits-based or fact findings and did not amount to clear and unequivocal errors to justify a stay; consequently the Adjudication Decision remained binding and enforceable.

Citation
WA-24C-174-10/2021 (Mahkamah Tinggi)
Parties
Applicant (enforcement) / Defendant (setting Aside & Stay): ZETA LETRIK SDN BHD; Respondent (enforcement) / Plaintiff (setting Aside & Stay): JAKS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 November 2021
Case Number
WA-24C-174-10/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under CIPAA (setting Aside, Stay and Enforcement Applications) / Judgment on Applications (grounds of Judgment Delivered)
Outcome
Setting Aside Application dismissed; Stay Application dismissed; Enforcement Application allowed.
Legal Topics
CIPAA S15 Setting Aside, CIPAA S16 Stay, CIPAA S28 Enforcement, Natural Justice, Jurisdictional Limits of Adjudicator
Source Language
Malay/English
Construction Law Adjudication (cipaa) Arbitration Companies Law Civil Procedure CIPAA S15 Setting Aside CIPAA S16 Stay CIPAA S28 Enforcement +2 more

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Parties

ZETA LETRIK SDN BHD

Applicant (enforcement) / Defendant (setting Aside & Stay)

JAKS SDN BHD

Respondent (enforcement) / Plaintiff (setting Aside & Stay)

Procedural Posture

Originating Summons Under CIPAA (setting Aside, Stay and Enforcement Applications) / Judgment on Applications (grounds of Judgment Delivered)

Legal Issues

  1. 1 Whether the adjudicator denied natural justice by failing to hear or call witnesses and by relying on documents after notice of adjudication
  2. 2 Whether the adjudicator acted in excess of jurisdiction under s15(d) CIPAA by deciding matters outside scope of adjudication
  3. 3 Whether a stay should be granted under s16 CIPAA given concurrent arbitration and alleged clear and unequivocal errors

Ratio Decidendi

The court dismissed the setting aside and stay applications and allowed enforcement because JAKS failed to prove denial of natural justice or that the adjudicator exceeded jurisdiction; alleged errors were merits-based or fact findings and did not amount to clear and unequivocal errors to justify a stay; consequently the Adjudication Decision remained binding and enforceable.

Court Disposition

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

Orders

  • Setting Aside Application dismissed with costs of MYR5000.00 to be paid by JAKS Sdn Bhd to Zeta Letrik Sdn Bhd, subject to allocatur
  • Stay Application dismissed with costs of MYR3500.00 to be paid by JAKS Sdn Bhd to Zeta Letrik Sdn Bhd, subject to allocatur