PEMBINAAN MITRAJAYA SDN BHD MRCB BUILDERS SDN BHD

PEMBINAAN MITRAJAYA SDN BHD MRCB BUILDERS SDN BHD

The High Court held the adjudicator acted within his powers and complied with principles of natural justice; he did not act impartially nor exceed jurisdiction in his findings on waiver, service of CNC, timeliness of the SO's EoT assessment, or award of pre-adjudication interest; allowing a rejoinder and limiting further pleadings was within his s25 discretion; consequently the application to set aside or stay the adjudication decision was dismissed and the enforcement application was allowed.

Citation
WA-24C-102-07/2021 (Mahkamah Tinggi)
Parties
Plaintiff in O.s. No. WA 24 C 91 07/2021; Defendant in O.s. No. WA 24 C 102 07/2021: MRCB Builders Sdn Bhd; Defendant in O.s. No. WA 24 C 91 07/2021; Plaintiff in O.s. No. WA 24 C 102 07/2021: Pembinaan Mitrajaya Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 January 2022
Case Number
WA-24C-102-07/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (cipaa) – Setting Aside/stay and Enforcement of Adjudication Decision / Judgment (grounds of Judgment)
Outcome
Setting Aside/Stay Application (O.S. No. WA-24C-91-07/2021) dismissed; Enforcement Application (O.S. No. WA-24C-102-07/2021) allowed and adjudication decision enforced as High Court judgment
Legal Topics
Setting Aside Adjudication Decision, Enforcement of Adjudication Decision, Natural Justice, Adjudicator Jurisdiction and Powers, Extension of Time (eo T), Liquidated and Ascertained Damages, Stay Pending Arbitration, Pre Adjudication Interest
Source Language
Malay/English
Construction Law Adjudication (cipaa) Arbitration Law Contract Law Civil Procedure Setting Aside Adjudication Decision Enforcement of Adjudication Decision Natural Justice +5 more

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Parties

MRCB Builders Sdn Bhd

Plaintiff in O.s. No. WA 24 C 91 07/2021; Defendant in O.s. No. WA 24 C 102 07/2021

Pembinaan Mitrajaya Sdn Bhd

Defendant in O.s. No. WA 24 C 91 07/2021; Plaintiff in O.s. No. WA 24 C 102 07/2021

Procedural Posture

Originating Summons (cipaa) – Setting Aside/stay and Enforcement of Adjudication Decision / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether the adjudicator denied natural justice by deciding waiver of condition precedent without inviting further submissions
  2. 2 Whether the adjudicator acted impartially or rewrote contract terms regarding time for SO to decide EoT
  3. 3 Whether the adjudicator erred by allowing a rejoinder and denying a surrejoinder

Ratio Decidendi

The High Court held the adjudicator acted within his powers and complied with principles of natural justice; he did not act impartially nor exceed jurisdiction in his findings on waiver, service of CNC, timeliness of the SO's EoT assessment, or award of pre-adjudication interest; allowing a rejoinder and limiting further pleadings was within his s25 discretion; consequently the application to set aside or stay the adjudication decision was dismissed and the enforcement application was allowed.

Court Disposition

Setting Aside/Stay Application (O.S. No. WA-24C-91-07/2021) dismissed; Enforcement Application (O.S. No. WA-24C-102-07/2021) allowed and adjudication decision enforced as High Court judgment

Orders

  • Setting Aside/Stay Application dismissed with costs of MYR 5,000 to be paid by MRCB Builders Sdn Bhd to Pembinaan Mitrajaya Sdn Bhd (subject to allocatur)
  • Enforcement Application allowed; adjudication decision dated 18.5.2021 enforced as judgment; costs of MYR 5,000 to be paid by MRCB Builders Sdn Bhd to Pembinaan Mitrajaya Sdn Bhd (subject to allocatur)