DAMAI CITY SDN BHD GRAND DYNAMIC BUILDERS SDN. BHD.

DAMAI CITY SDN BHD GRAND DYNAMIC BUILDERS SDN. BHD.

The High Court held the adjudication decision dated 20.8.2024 is valid and not void for late delivery because timelines under s12 CIPAA were suspended by restraining orders and judicial management applications under Companies Act 2016 s368 and s410 and by the respondent's failure to pay its share of the advance security deposit; the adjudicator acted within statutory powers in refusing a rejoinder and in deciding matters confined to the payment claim; res judicata did not bar the claims relating to different interim certificates; applications to set aside and to stay the adjudication decision were dismissed and enforcement granted.

Citation
WA-24C-139-09/2024 (Mahkamah Tinggi)
Parties
Plaintiff (os139); Defendant (os143): Damai City Sdn Bhd; Defendant (os139); Plaintiff (os143): Grand Dynamic Builders Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 April 2025
Case Number
WA-24C-139-09/2024 (Mahkamah Tinggi)
Procedural Posture
CIPAA Adjudication Challenge and Enforcement (originating Summons) / Judgment (high Court Decision Dated 21 April 2025)
Outcome
Originating Summons WA-24C-139-09/2024 (setting aside and stay) dismissed; Originating Summons WA-24C-143-09/2024 (enforcement) granted in terms.
Legal Topics
Setting Aside Adjudication Decision, Enforcement of Adjudication Decision, Stay Pending Arbitration, Res Judicata, Natural Justice, Effect of Restraining Orders/judicial Management on Proceedings
Source Language
Malay/English
Construction Law Adjudication (cipaa) Company Law Civil Procedure Setting Aside Adjudication Decision Enforcement of Adjudication Decision Stay Pending Arbitration Res Judicata +2 more

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Parties

Damai City Sdn Bhd

Plaintiff (os139); Defendant (os143)

Grand Dynamic Builders Sdn Bhd

Defendant (os139); Plaintiff (os143)

Procedural Posture

CIPAA Adjudication Challenge and Enforcement (originating Summons) / Judgment (high Court Decision Dated 21 April 2025)

Legal Issues

  1. 1 Whether the adjudication decision dated 20.8.2024 was void for non‑delivery within 45 working days under s12 CIPAA
  2. 2 Whether restraining orders and judicial management applications under Companies Act 2016 s368 and s410 suspend CIPAA timelines
  3. 3 Whether the adjudicator breached natural justice by refusing a rejoinder

Ratio Decidendi

The High Court held the adjudication decision dated 20.8.2024 is valid and not void for late delivery because timelines under s12 CIPAA were suspended by restraining orders and judicial management applications under Companies Act 2016 s368 and s410 and by the respondent's failure to pay its share of the advance security deposit; the adjudicator acted within statutory powers in refusing a rejoinder and in deciding matters confined to the payment claim; res judicata did not bar the claims relating to different interim certificates; applications to set aside and to stay the adjudication decision were dismissed and enforcement granted.

Court Disposition

Originating Summons WA-24C-139-09/2024 (setting aside and stay) dismissed; Originating Summons WA-24C-143-09/2024 (enforcement) granted in terms.

Orders

  • Dismiss Enclosure 1 and Enclosure 11 in Originating Summons No. WA-24C-139-09/2024 with costs
  • Grant Order in Terms for prayers (a), (b) and (c) in enclosure 1 of Originating Summons No. WA-24C-143-09/2024 (enforce Adjudication Decision dated 20.8.2024)