MINDA MUHIBAH SDN BHD CHINA STATE CONSTRUCTION ENGINEERING (M) SDN BHD

MINDA MUHIBAH SDN BHD CHINA STATE CONSTRUCTION ENGINEERING (M) SDN BHD

The applications to file further affidavits to adduce the WhatsApp recording and transcript were dismissed because the purported evidence was available at the material time, the Plaintiff's explanation for non-disclosure was not credible, admitting the evidence would be prejudicial and cause delay and would amount...

Source-derived case information.

Citation
WA-24C-220-11/2022 (Mahkamah Tinggi)
Parties
Plaintiff: MINDA MUHIBBAH SDN BHD; Defendant: CHINA STATE CONSTRUCTION ENGINEERING (M) SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 October 2023
Case Number
WA-24C-220-11/2022 (Mahkamah Tinggi)
Procedural Posture
Adjudication Setting Aside and Stay Pending Arbitration (construction Act Act 746) / Interlocutory Application to Admit Further Evidence; Hearing Ready
Outcome
Applications to file further affidavits to include WhatsApp recording and transcript dismissed with costs.
Legal Topics
Application to Adduce Fresh Evidence, Setting Aside Adjudication Decision, Stay Pending Arbitration, Settlement Agreement Interpretation, Jurisdiction of Adjudicator, Disclosure and Delay
Construction Law Adjudication Arbitration Civil Procedure Evidence Application to Adduce Fresh Evidence Setting Aside Adjudication Decision Stay Pending Arbitration +3 more

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Parties

MINDA MUHIBBAH SDN BHD

Plaintiff

CHINA STATE CONSTRUCTION ENGINEERING (M) SDN BHD

Defendant

Procedural Posture

Adjudication Setting Aside and Stay Pending Arbitration (construction Act Act 746) / Interlocutory Application to Admit Further Evidence; Hearing Ready

Legal Issues

  1. 1 Whether the court should allow further affidavits to adduce a WhatsApp recording and transcript after written submissions were filed
  2. 2 Whether the purported evidence was available at the material time and whether the applicant's explanation for non-disclosure is credible
  3. 3 Whether admitting the evidence would prejudice the respondent or cause undue delay

Ratio Decidendi

The applications to file further affidavits to adduce the WhatsApp recording and transcript were dismissed because the purported evidence was available at the material time, the Plaintiff's explanation for non-disclosure was not credible, admitting the evidence would be prejudicial and cause delay and would amount to re-ventilating matters that should be determined in arbitration or other proper forum; exercise of discretion requires refusal and costs to the Defendant.

Court Disposition

Applications to file further affidavits to include WhatsApp recording and transcript dismissed with costs.

Orders

  • Applications to file further affidavits seeking to adduce the WhatsApp recording and transcript are dismissed.
  • Costs awarded to the Defendant.