HONGLER ENTERPRISE SDN BHD CHAI HON SANG (berniaga sebagai HOCK SENG TRADING & CONSTRUCTION)

HONGLER ENTERPRISE SDN BHD CHAI HON SANG (berniaga sebagai HOCK SENG TRADING & CONSTRUCTION)

Because the adjudication named a business name lacking legal status without citing the sole proprietor in his personal name trading as that business, the adjudication proceedings were a nullity and the adjudicator lacked jurisdiction; consequently the adjudication decision is void ab initio and cannot be set aside or enforced under s 28 CIPAA; locus standi/jurisdictional defects may be raised at any stage and participation does not cure lack of jurisdiction.

Citation
W-02(C)(A)-1483-08/2024 (Mahkamah Rayuan)
Parties
Appellant (in Appeal No. 980); Respondent (in Appeal No. 1483); Plaintiff/defendant in High Court Proceedings: Hock Seng Trading & Construction (sole proprietorship - trading name); Respondent (in Appeal No. 980); Appellant (in Appeal No. 1483); Claimant/applicant in Adjudication: Hongler Enterprise Sdn Bhd; Sole Proprietor of Hock Seng Trading & Construction; Individually Implicated Party: Chai Hon Sang
Court
C
Jurisdiction
Malaysia
Judgment Date
23 June 2025
Case Number
W-02(C)(A)-1483-08/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals Concerning Enforcement and Setting Aside of Adjudication Decision Under CIPAA 2012 / Court of Appeal Judgment on Appeals From High Court Decisions (originating Summonses to Set Aside and to Enforce Adjudication Decision)
Outcome
Both appeals dismissed; High Court decisions in OS No. 144 and OS No. 130 affirmed
Legal Topics
Locus Standi, Jurisdiction, Intitulement, CIPAA S15 and S28, Enforcement of Adjudication Decision, Effect of Defective Party Naming
Source Language
Malay/English
Construction Law Civil Procedure Adjudication Law Company and Business Form Law Locus Standi Jurisdiction Intitulement CIPAA S15 and S28 +2 more

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Parties

Hock Seng Trading & Construction (sole proprietorship - trading name)

Appellant (in Appeal No. 980); Respondent (in Appeal No. 1483); Plaintiff/defendant in High Court Proceedings

Hongler Enterprise Sdn Bhd

Respondent (in Appeal No. 980); Appellant (in Appeal No. 1483); Claimant/applicant in Adjudication

Chai Hon Sang

Sole Proprietor of Hock Seng Trading & Construction; Individually Implicated Party

Procedural Posture

Civil Appeals Concerning Enforcement and Setting Aside of Adjudication Decision Under CIPAA 2012 / Court of Appeal Judgment on Appeals From High Court Decisions (originating Summonses to Set Aside and to Enforce Adjudication Decision)

Legal Issues

  1. 1 Whether failure to name the sole proprietor (by personal name trading as business) in the adjudication proceedings renders the adjudication proceedings and decision void ab initio
  2. 2 Whether an adjudication decision obtained against a name without legal status can be enforced under s 28 CIPAA
  3. 3 Whether locus standi and jurisdictional defects can be raised at any stage and whether party participation cures such defects

Ratio Decidendi

Because the adjudication named a business name lacking legal status without citing the sole proprietor in his personal name trading as that business, the adjudication proceedings were a nullity and the adjudicator lacked jurisdiction; consequently the adjudication decision is void ab initio and cannot be set aside or enforced under s 28 CIPAA; locus standi/jurisdictional defects may be raised at any stage and participation does not cure lack of jurisdiction.

Court Disposition

Both appeals dismissed; High Court decisions in OS No. 144 and OS No. 130 affirmed

Orders

  • Appeals dismissed
  • Decisions of the High Court in OS No. 144 and OS No. 130 affirmed