AMALAN SETAR (M) SDN BHD CHARTER BUILT CONSTRUCTION SDN BHD

AMALAN SETAR (M) SDN BHD CHARTER BUILT CONSTRUCTION SDN BHD

The High Court held the Adjudicator had jurisdiction to decide the matters (including determining DLP and FC dates) using powers under s25 CIPAA; the issues advanced by ASSB attacked the merits and did not demonstrate the adjudication was a nullity under s15 CIPAA; no special or exceptional circumstances justified a stay under s16 CIPAA; therefore the Adjudication Decision dated 24.7.2023 is enforceable and the applications to set aside and to stay are dismissed.

Citation
WA-24C-188-11/2023 (Mahkamah Tinggi)
Parties
Applicant (os136); Defendant (os141 & Os188): Charter Built Construction Sdn Bhd; Respondent (os136); Applicant/plaintiff (os141 & Os188): Amalan Setar (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 February 2024
Case Number
WA-24C-188-11/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summonses Under CIPAA for Enforcement, Stay and Setting Aside of an Adjudication Decision / Judgment (high Court Grounds of Judgment Dated 19 February 2024)
Outcome
OS188 (set aside application) dismissed with costs; OS141 (stay application) dismissed with costs; OS136 (enforcement) granted - Order in Terms for prayers 1,2,3 and 4 in enclosure 1 of OS136 enforcing the Adjudication Decision dated 24.7.2023.
Legal Topics
Enforcement of Adjudication Decision, Setting Aside Adjudication Under S15 CIPAA, Stay Pending Arbitration Under S16 CIPAA, Defect Liability Period, Final Certificate Issuance, Extension of Time Validity, Payment Claim Jurisdiction, Adjudicator Powers Under S25 CIPAA
Source Language
Malay/English
Construction Law Construction Industry Payment and Adjudication (cipaa) Arbitration Civil Procedure Enforcement of Adjudication Decision Setting Aside Adjudication Under S15 CIPAA Stay Pending Arbitration Under S16 CIPAA Defect Liability Period +4 more

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Parties

Charter Built Construction Sdn Bhd

Applicant (os136); Defendant (os141 & Os188)

Amalan Setar (M) Sdn Bhd

Respondent (os136); Applicant/plaintiff (os141 & Os188)

Procedural Posture

Originating Summonses Under CIPAA for Enforcement, Stay and Setting Aside of an Adjudication Decision / Judgment (high Court Grounds of Judgment Dated 19 February 2024)

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction and whether the CIPAA claim was premature
  2. 2 Whether the Defects Liability Period was validly extended and validity of the 5th EOT
  3. 3 Whether the Certificate of Making Good Defects and Final Certificate dates were valid

Ratio Decidendi

The High Court held the Adjudicator had jurisdiction to decide the matters (including determining DLP and FC dates) using powers under s25 CIPAA; the issues advanced by ASSB attacked the merits and did not demonstrate the adjudication was a nullity under s15 CIPAA; no special or exceptional circumstances justified a stay under s16 CIPAA; therefore the Adjudication Decision dated 24.7.2023 is enforceable and the applications to set aside and to stay are dismissed.

Court Disposition

OS188 (set aside application) dismissed with costs; OS141 (stay application) dismissed with costs; OS136 (enforcement) granted - Order in Terms for prayers 1,2,3 and 4 in enclosure 1 of OS136 enforcing the Adjudication Decision dated 24.7.2023.

Orders

  • Dismiss OS188 with costs
  • Dismiss OS141 with costs