BETTER POWER SDN BHD AGV OFFSHORE SDN BHD

BETTER POWER SDN BHD AGV OFFSHORE SDN BHD

The court dismissed the application to set aside the adjudication decision because Better Power failed to prove breach of natural justice or excess of jurisdiction: the misnaming of the party was a non-fatal misdescription, the adjudicator acted within jurisdiction and provided adequate reasons for the 46% valuation and had considered the notices, and therefore the adjudication decision stood and was enforceable under s28 CIPAA.

Citation
BA-24C-54-09/2025 (Mahkamah Tinggi)
Parties
Applicant / Respondent (in Cross Application): Better Power (M) Sdn Bhd; Respondent / Applicant (in Cross Application): AGV Offshore Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 January 2026
Case Number
BA-24C-54-09/2025 (Mahkamah Tinggi)
Procedural Posture
CIPAA Adjudication Application to Set Aside and Application to Enforce Adjudication Decision / High Court Hearing and Judgment on Originating Summonses (os 54 and OS 59)
Outcome
OS 54 dismissed; OS 59 allowed (AD enforceable)
Legal Topics
Setting Aside Adjudication Decision, Enforcement of Adjudication Decision, Natural Justice, Jurisdiction, CIPAA Provisions (s12, S15, S28)
Source Language
Malay/English
Construction Law Statutory Adjudication Contract Law Civil Procedure Setting Aside Adjudication Decision Enforcement of Adjudication Decision Natural Justice Jurisdiction +1 more

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Parties

Better Power (M) Sdn Bhd

Applicant / Respondent (in Cross Application)

AGV Offshore Sdn Bhd

Respondent / Applicant (in Cross Application)

Procedural Posture

CIPAA Adjudication Application to Set Aside and Application to Enforce Adjudication Decision / High Court Hearing and Judgment on Originating Summonses (os 54 and OS 59)

Legal Issues

  1. 1 Whether the adjudication decision should be set aside under s15 CIPAA for denial of natural justice or excess of jurisdiction
  2. 2 Whether misnaming the respondent as Better Power Sdn Bhd (omitting (M)) renders the adjudication void ab initio
  3. 3 Whether the adjudicator exceeded jurisdiction by adopting his own methodology to assess completion at 46%

Ratio Decidendi

The court dismissed the application to set aside the adjudication decision because Better Power failed to prove breach of natural justice or excess of jurisdiction: the misnaming of the party was a non-fatal misdescription, the adjudicator acted within jurisdiction and provided adequate reasons for the 46% valuation and had considered the notices, and therefore the adjudication decision stood and was enforceable under s28 CIPAA.

Court Disposition

OS 54 dismissed; OS 59 allowed (AD enforceable)

Orders

  • OS 54 dismissed with costs of RM5,000.00 to be paid by Better Power (M) Sdn Bhd to AGV Offshore Sdn Bhd
  • OS 59 allowed; leave granted to enforce the Adjudication Decision dated 29.08.2025 as if it were a High Court judgment; costs RM3,000.00 to be paid by Better Power (M) Sdn Bhd to AGV Offshore Sdn Bhd