WONG YEN FENG (T/A LKL CEILING ENTERPRISE) GLOBAL BUILT SDN BHD

WONG YEN FENG (T/A LKL CEILING ENTERPRISE) GLOBAL BUILT SDN BHD

The court held that Wong Yen Feng sued in his personal capacity trading as LKL and therefore had locus standi; the adjudicator had considered the Final Account and correctly applied section 35 CIPAA to reject reliance on back-to-back payment clauses; the challenges raised by GBSB amounted to an impermissible merits review contrary to section 15(b) CIPAA, therefore OS176 was dismissed and the Adjudication Decision enforced via OS210.

Citation
WA-24C-210-12/2024 (Mahkamah Tinggi)
Parties
Plaintiff (os176); Defendant (os210): Global Built Sdn Bhd; Plaintiff (os210); Defendant (os176): Wong Yen Feng (T/A LKL Ceiling Enterprise)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 May 2025
Case Number
WA-24C-210-12/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under Construction Industry Payment and Adjudication Act 2012 (enforcement and Setting Aside of Adjudication Decision) / Hearing and Judgment in High Court (decision on OS176 and Os210)
Outcome
OS176 dismissed with costs; OS210 granted and Adjudication Decision enforced
Legal Topics
Enforcement of Adjudication Decision, Setting Aside Adjudicator's Decision Under Section 15(b) CIPAA, Section 35 CIPAA Prohibition of Conditional/back to Back Payment Clauses, Locus Standi of Sole Proprietorship in Adjudication
Source Language
Malay/English
Construction Law Adjudication Under Statutory Scheme Contract Law Civil Procedure Enforcement of Adjudication Decision Setting Aside Adjudicator's Decision Under Section 15(b) CIPAA Section 35 CIPAA Prohibition of Conditional/back to Back Payment Clauses Locus Standi of Sole Proprietorship in Adjudication

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Global Built Sdn Bhd

Plaintiff (os176); Defendant (os210)

Wong Yen Feng (T/A LKL Ceiling Enterprise)

Plaintiff (os210); Defendant (os176)

Procedural Posture

Originating Summons Under Construction Industry Payment and Adjudication Act 2012 (enforcement and Setting Aside of Adjudication Decision) / Hearing and Judgment in High Court (decision on OS176 and Os210)

Legal Issues

  1. 1 Whether claimant had locus standi to commence adjudication and to enforce the adjudication decision given sole proprietorship registration issues
  2. 2 Whether the adjudicator breached natural justice by failing to consider respondent's submissions on the Final Account
  3. 3 Whether the adjudicator misinterpreted section 35 CIPAA regarding back-to-back/pay-when-paid payment clauses

Ratio Decidendi

The court held that Wong Yen Feng sued in his personal capacity trading as LKL and therefore had locus standi; the adjudicator had considered the Final Account and correctly applied section 35 CIPAA to reject reliance on back-to-back payment clauses; the challenges raised by GBSB amounted to an impermissible merits review contrary to section 15(b) CIPAA, therefore OS176 was dismissed and the Adjudication Decision enforced via OS210.

Court Disposition

OS176 dismissed with costs; OS210 granted and Adjudication Decision enforced

Orders

  • OS176 dismissed with costs
  • OS210 granted: Order in terms of prayers (a), (b), (c) and (d) of enclosure 1 in OS210 (enforcement of Adjudication Decision dated 7.10.2024)