TSR BINA SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

TSR BINA SDN BHD SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD

The court found no material denial of natural justice and no jurisdictional excess: the adjudicator had considered the parties' submissions (including the December response) and addressed the principal issues. Alleged errors were merits complaints not cognizable under s.15 CIPAA. Therefore OS2 to set aside the adjudication decision is dismissed and OS1 to enforce the adjudication decision is allowed under s.28 CIPAA, with costs awarded.

Citation
WA-24C-248-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff in OS 1; Defendant in OS 2: TSR Bina Sdn Bhd; Defendant in OS 1; Plaintiff in OS 2: Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 July 2021
Case Number
WA-24C-248-12/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under the Construction Industry Payment and Adjudication Act 2012 (cipaa) — Enforcement and Setting Aside of Adjudication Decision / Hearing and Grounds of Decision (judgment Delivered)
Outcome
Originating Summons No. WA-24C-248-12/2020 (OS1) allowed (enforcement of adjudication decision); Originating Summons No. WA-24C-7-02/2021 (OS2) dismissed (setting aside refused).
Legal Topics
Enforcement of Adjudication Decision, Setting Aside Adjudication Decision, Natural Justice (audi Alteram Partem), Jurisdiction of Adjudicator, Costs and Interest
Source Language
Malay/English
Construction Law Statutory Adjudication Administrative Law Civil Procedure Enforcement of Adjudication Decision Setting Aside Adjudication Decision Natural Justice (audi Alteram Partem) Jurisdiction of Adjudicator +1 more

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Parties

TSR Bina Sdn Bhd

Plaintiff in OS 1; Defendant in OS 2

Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd

Defendant in OS 1; Plaintiff in OS 2

Procedural Posture

Originating Summons Under the Construction Industry Payment and Adjudication Act 2012 (cipaa) — Enforcement and Setting Aside of Adjudication Decision / Hearing and Grounds of Decision (judgment Delivered)

Legal Issues

  1. 1 Whether the adjudication decision should be set aside under s.15 CIPAA for denial of natural justice or bias
  2. 2 Whether the adjudicator acted in excess of jurisdiction by deciding issues not pleaded
  3. 3 Whether the High Court should enforce the adjudication decision as a judgment under s.28 CIPAA

Ratio Decidendi

The court found no material denial of natural justice and no jurisdictional excess: the adjudicator had considered the parties' submissions (including the December response) and addressed the principal issues. Alleged errors were merits complaints not cognizable under s.15 CIPAA. Therefore OS2 to set aside the adjudication decision is dismissed and OS1 to enforce the adjudication decision is allowed under s.28 CIPAA, with costs awarded.

Court Disposition

Originating Summons No. WA-24C-248-12/2020 (OS1) allowed (enforcement of adjudication decision); Originating Summons No. WA-24C-7-02/2021 (OS2) dismissed (setting aside refused).

Orders

  • Order enforcing the adjudication decision as a judgment under s.28 CIPAA and permitting execution accordingly
  • Judgment in favour of TSR Bina Sdn Bhd for RM531,414.57 as awarded in the adjudication decision with interest at 5% per annum from date of award to date of full realization, plus adjudicator's fees RM30,054.00 and TSRB's share of AIAC fees as adjudicated