GAME ON FUN PARK (SOUTHERN) SDN BHD BOND M&E SDN BHD

GAME ON FUN PARK (SOUTHERN) SDN BHD BOND M&E SDN BHD

Enclosure 1 in OS 3 was procedurally defective for combining a stay and setting aside application contrary to mandatory requirements of the Rules of Court (Order 69A); on the merits the adjudicator had considered the parties' submissions and evidence, did not commit a breach of natural justice or make clear errors warranting setting aside, the stay threshold under s.16 CIPAA was not met, and therefore the stay and setting aside applications were dismissed and the adjudication decision was enforced under s.28 CIPAA.

Citation
WA-24C-3-01/2025 (Mahkamah Tinggi)
Parties
Plaintiff (os 3); Defendant (os 214): Game On Funpark (Southern) Sdn Bhd; Defendant (os 3); Plaintiff (os 214): Bond M&E Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 July 2025
Case Number
WA-24C-3-01/2025 (Mahkamah Tinggi)
Procedural Posture
CIPAA Adjudication: Application to Set Aside and Stay Decision; Enforcement Proceeding Under Section 28 CIPAA / Originating Summons Heard; Enclosure 1 Struck Off; Enforcement Order Granted; Appeals Filed
Outcome
OS 3 (Originating Summons No. WA-24C-3-01/2025) dismissed and Enclosure 1 struck off; Stay and Setting Aside applications dismissed; OS 214 (WA-24C-214-12/2024) enforcement granted and adjudication decision enforced as per Order in Terms.
Legal Topics
Setting Aside Adjudication Decision, Stay of Adjudication Decision, Enforcement of Adjudication Decision, Compliance With Rules of Court (order 69 A), Adjudicator Powers (s.25 Cipaa), Natural Justice
Source Language
Malay/English
Construction Adjudication (cipaa) Civil Procedure Contract Law Judicial Review/natural Justice Setting Aside Adjudication Decision Stay of Adjudication Decision Enforcement of Adjudication Decision Compliance With Rules of Court (order 69 A) +2 more

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Parties

Game On Funpark (Southern) Sdn Bhd

Plaintiff (os 3); Defendant (os 214)

Bond M&E Sdn Bhd

Defendant (os 3); Plaintiff (os 214)

Procedural Posture

CIPAA Adjudication: Application to Set Aside and Stay Decision; Enforcement Proceeding Under Section 28 CIPAA / Originating Summons Heard; Enclosure 1 Struck Off; Enforcement Order Granted; Appeals Filed

Legal Issues

  1. 1 Whether Enclosure 1 improperly combined a stay application and a setting aside application contrary to Order 69A
  2. 2 Whether the adjudicator breached natural justice under section 15 CIPAA
  3. 3 Whether the adjudicator made clear errors of fact or law warranting setting aside the adjudication decision

Ratio Decidendi

Enclosure 1 in OS 3 was procedurally defective for combining a stay and setting aside application contrary to mandatory requirements of the Rules of Court (Order 69A); on the merits the adjudicator had considered the parties' submissions and evidence, did not commit a breach of natural justice or make clear errors warranting setting aside, the stay threshold under s.16 CIPAA was not met, and therefore the stay and setting aside applications were dismissed and the adjudication decision was enforced under s.28 CIPAA.

Court Disposition

OS 3 (Originating Summons No. WA-24C-3-01/2025) dismissed and Enclosure 1 struck off; Stay and Setting Aside applications dismissed; OS 214 (WA-24C-214-12/2024) enforcement granted and adjudication decision enforced as per Order in Terms.

Orders

  • Enclosure 1 in OS 3 struck off.
  • Dismiss OS 3 with costs of MYR 10,000.00.