HCM ENGINEERING SDN BHD SJEE ENGINEERING SDN BHD

HCM ENGINEERING SDN BHD SJEE ENGINEERING SDN BHD

The Applicant failed to meet the threshold under section 15 CIPAA to set aside the adjudication decision because the Adjudicator had considered the pertinent contractual documents and Engineer's confirmations, the Payment Claim was validly made under the contract and the adjudicator did not act in breach of natural justice or exceed his jurisdiction; therefore the application to set aside was dismissed.

Citation
JA-24C-21-10/2019 (Mahkamah Tinggi)
Parties
Applicant: HCM ENGINEERING SDN BHD; Respondent: SJEE ENGINEERING SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 April 2020
Case Number
JA-24C-21-10/2019 (Mahkamah Tinggi)
Procedural Posture
Application to Set Aside Adjudication Decision Under Section 15 CIPAA / High Court Judgment (application Dismissed)
Outcome
Application dismissed
Legal Topics
Adjudication, Natural Justice, Jurisdiction, Payment Claim, CIPAA Interpretation, Engineer Determination
Source Language
Malay/English
Construction Law Contract Law Administrative Law Civil Procedure Adjudication Law Adjudication Natural Justice Jurisdiction +3 more

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Parties

HCM ENGINEERING SDN BHD

Applicant

SJEE ENGINEERING SDN BHD

Respondent

Procedural Posture

Application to Set Aside Adjudication Decision Under Section 15 CIPAA / High Court Judgment (application Dismissed)

Legal Issues

  1. 1 Whether the adjudicator breached natural justice
  2. 2 Whether the adjudicator acted in excess of jurisdiction
  3. 3 Whether Applicant was a party to the contract or merely an agent

Ratio Decidendi

The Applicant failed to meet the threshold under section 15 CIPAA to set aside the adjudication decision because the Adjudicator had considered the pertinent contractual documents and Engineer's confirmations, the Payment Claim was validly made under the contract and the adjudicator did not act in breach of natural justice or exceed his jurisdiction; therefore the application to set aside was dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs of MYR85,000 (subject to allocatur fees)