SIGMA ELEVATOR (M) SDN. BHD. PERBADANAN PENGURUSAN CITY PLAZA

SIGMA ELEVATOR (M) SDN. BHD. PERBADANAN PENGURUSAN CITY PLAZA

City Plaza failed to establish any statutory ground under s15 CIPAA to set aside the adjudication decision; allegations of illegality and lack of authority were unsupported by evidence; alleged breach of natural justice or impartiality was not made out; termination does not oust CIPAA jurisdiction; cash-flow and an untried High Court suit do not suffice to justify a stay under s16 CIPAA. Therefore the set-aside/stay application was dismissed and enforcement of the adjudicator's decision was allowed.

Citation
JA-24C-10-03/2018 (Mahkamah Tinggi)
Parties
Plaintiff/claimant: Sigma Elevator (M) Sdn Bhd; Defendant/respondent: Perbadanan Pengurusan City Plaza
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 November 2018
Case Number
JA-24C-10-03/2018 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Enforcement and Set Aside of Adjudication Decision (cipaa) / High Court Judgment on Consolidated Originating Summons (dismissal of Set Aside/stay and Enforcement Allowed)
Outcome
Application by City Plaza to set aside or stay adjudication decision dismissed; Sigma Elevator's enforcement application allowed.
Legal Topics
Enforcement of Adjudication Decision, Set Aside and Stay Applications Under CIPAA, Illegality of Contract, Natural Justice and Impartiality, Jurisdictional Challenge
Source Language
Malay/English
Construction Law Adjudication/alternative Dispute Resolution Contract Law Civil Procedure Enforcement of Adjudication Decision Set Aside and Stay Applications Under CIPAA Illegality of Contract Natural Justice and Impartiality +1 more

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Parties

Sigma Elevator (M) Sdn Bhd

Plaintiff/claimant

Perbadanan Pengurusan City Plaza

Defendant/respondent

Procedural Posture

Originating Summons Enforcement and Set Aside of Adjudication Decision (cipaa) / High Court Judgment on Consolidated Originating Summons (dismissal of Set Aside/stay and Enforcement Allowed)

Legal Issues

  1. 1 Whether the contract was illegal due to engagement of foreign consultants
  2. 2 Whether the purported representatives had authority to bind City Plaza
  3. 3 Whether Sigma repudiated the contract and termination ousted CIPAA

Ratio Decidendi

City Plaza failed to establish any statutory ground under s15 CIPAA to set aside the adjudication decision; allegations of illegality and lack of authority were unsupported by evidence; alleged breach of natural justice or impartiality was not made out; termination does not oust CIPAA jurisdiction; cash-flow and an untried High Court suit do not suffice to justify a stay under s16 CIPAA. Therefore the set-aside/stay application was dismissed and enforcement of the adjudicator's decision was allowed.

Court Disposition

Application by City Plaza to set aside or stay adjudication decision dismissed; Sigma Elevator's enforcement application allowed.

Orders

  • Dismissed City Plaza's originating summons to set aside or stay the adjudication decision (encl. 32)
  • Allowed Sigma Elevator's originating summons for enforcement of adjudication decision (encl. 1)