JETSON CONSTRUCTION SDN BHD SKYSCAPE INDUSTRIES SDN BHD

JETSON CONSTRUCTION SDN BHD SKYSCAPE INDUSTRIES SDN BHD

The Adjudicator addressed the set-off issue and acted within jurisdiction; the complaint was a challenge to merits which is not a ground to set aside under s.15 CIPAA; therefore the setting-aside application is dismissed and the enforcement application is allowed, with costs as ordered.

Citation
WA-24C-266-12/2019 & WA-24C-3-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff (os 1); Defendant (os 2): Jetson Construction Sdn Bhd; Defendant (os 1); Plaintiff (os 2): Skyscape Industries Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 July 2020
Case Number
WA-24C-266-12/2019 & WA-24C-3-01/2020 (Mahkamah Tinggi)
Procedural Posture
CIPAA Adjudication Setting Aside and Enforcement / High Court Judgment on Originating Summons; Appeal Filed to Court of Appeal
Outcome
Originating Summons WA-24C-266-12/2019 (OS1) dismissed; Originating Summons WA-24C-3-01/2020 (OS2) allowed; costs ordered; appeal filed by Jetson to Court of Appeal.
Legal Topics
Adjudication Under CIPAA, Setting Aside Adjudication Decision, Enforcement as Judgment, Natural Justice, Set Off
Source Language
Malay/English
Construction Law Contract Law Civil Procedure Administrative Law Adjudication Under CIPAA Setting Aside Adjudication Decision Enforcement as Judgment Natural Justice +1 more

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Parties

Jetson Construction Sdn Bhd

Plaintiff (os 1); Defendant (os 2)

Skyscape Industries Sdn Bhd

Defendant (os 1); Plaintiff (os 2)

Procedural Posture

CIPAA Adjudication Setting Aside and Enforcement / High Court Judgment on Originating Summons; Appeal Filed to Court of Appeal

Legal Issues

  1. 1 Whether the adjudicator failed to account for a set-off for materials purchased on behalf of the claimant
  2. 2 Whether the adjudicator committed a breach of natural justice, bias, fraud or acted beyond jurisdiction under s.15 CIPAA
  3. 3 Whether the adjudication decision is enforceable under s.28 CIPAA

Ratio Decidendi

The Adjudicator addressed the set-off issue and acted within jurisdiction; the complaint was a challenge to merits which is not a ground to set aside under s.15 CIPAA; therefore the setting-aside application is dismissed and the enforcement application is allowed, with costs as ordered.

Court Disposition

Originating Summons WA-24C-266-12/2019 (OS1) dismissed; Originating Summons WA-24C-3-01/2020 (OS2) allowed; costs ordered; appeal filed by Jetson to Court of Appeal.

Orders

  • OS1 dismissed with costs RM7,500.00 subject to 4% allocator
  • OS2 allowed with costs RM7,500.00 subject to 4% allocator; adjudication decision enforced