GLOBAL BUILT SDN BHD WONG YEN FENG (T/A LKL CEILING ENTERPRISE)

GLOBAL BUILT SDN BHD WONG YEN FENG (T/A LKL CEILING ENTERPRISE)

Court held that (1) the adjudication claimant was a natural person trading as LKL Ceiling Enterprise and thus had capacity despite business registration issues; (2) the adjudicator had considered the Final Account and the parties' submissions and did not breach natural justice; (3) the adjudicator correctly applied section 35 CIPAA to reject reliance on a back-to-back pay-when-paid clause; and (4) section 15(b) CIPAA precludes court review of the adjudicator's merits, therefore the application to set aside the adjudication was dismissed and the enforcement application allowed.

Citation
WA-24C-176-11/2024 (Mahkamah Tinggi)
Parties
Plaintiff (os176); Defendant (os210): GLOBAL BUILT SDN BHD; Defendant (os176); Plaintiff (os210): WONG YEN FENG (T/A LKL CEILING ENTERPRISE)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 May 2025
Case Number
WA-24C-176-11/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (cipaa Enforcement/set Aside) / Judgment on Originating Summons (decision Dated 23 May 2025)
Outcome
OS176 dismissed with costs; OS210 allowed and adjudication decision enforced
Legal Topics
Locus Standi, Natural Justice, Final Account, Pay When Paid/back to Back Payment, Enforcement of Adjudication Decision, Judicial Review of Adjudicator Decision
Source Language
Malay/English
Construction Law Adjudication (cipaa) Contract Law Civil Procedure Locus Standi Natural Justice Final Account Pay When Paid/back to Back Payment +2 more

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Parties

GLOBAL BUILT SDN BHD

Plaintiff (os176); Defendant (os210)

WONG YEN FENG (T/A LKL CEILING ENTERPRISE)

Defendant (os176); Plaintiff (os210)

Procedural Posture

Originating Summons (cipaa Enforcement/set Aside) / Judgment on Originating Summons (decision Dated 23 May 2025)

Legal Issues

  1. 1 Whether sole proprietor using expired business registration lacked locus standi to commence/enforce adjudication
  2. 2 Whether adjudicator breached natural justice by failing to consider respondent's submissions on the Final Account
  3. 3 Whether the adjudicator misinterpreted or incorrectly applied section 35 CIPAA regarding back-to-back/pay-when-paid clauses

Ratio Decidendi

Court held that (1) the adjudication claimant was a natural person trading as LKL Ceiling Enterprise and thus had capacity despite business registration issues; (2) the adjudicator had considered the Final Account and the parties' submissions and did not breach natural justice; (3) the adjudicator correctly applied section 35 CIPAA to reject reliance on a back-to-back pay-when-paid clause; and (4) section 15(b) CIPAA precludes court review of the adjudicator's merits, therefore the application to set aside the adjudication was dismissed and the enforcement application allowed.

Court Disposition

OS176 dismissed with costs; OS210 allowed and adjudication decision enforced

Orders

  • OS176 dismissed with costs
  • OS210 granted: Order in Terms of prayers (a), (b), (c) and (d) of enclosure 1 in OS 210 (enforcement of Adjudication Decision dated 7.10.2024)