DIAN MAKMUR SDN BHD ASOMA TECHNOLOGY SDN BHD
The adjudicator did not breach natural justice nor act in excess of jurisdiction because the Notice of Adjudication was properly served at the plaintiff's registered address and the plaintiff had appointed a representative before the adjudicator was appointed; therefore the adjudicator's decision stands and the challenge is dismissed.
- Citation
- WA-24C-196-11/2023 (Mahkamah Tinggi)
- Parties
- Plaintiff: Plaintiff; Respondent: Respondent
- Court
- High Court
- Jurisdiction
- Malaysia
- Judgment Date
- 22 March 2024
- Case Number
- WA-24C-196-11/2023 (Mahkamah Tinggi)
- Procedural Posture
- Construction Adjudication Judicial Review / Judgment
- Outcome
- Enclosure 1 dismissed with costs
- Legal Topics
- Adjudication, Service of Notice, Natural Justice, Jurisdiction, Reviewability of Adjudicator's Decision
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiff
Plaintiff
Respondent
Respondent
Procedural Posture
Construction Adjudication Judicial Review / Judgment
Legal Issues
- 1 Whether the adjudicator breached natural justice
- 2 Whether the Notice of Adjudication was properly served
- 3 Whether the adjudicator acted in excess of jurisdiction
Ratio Decidendi
The adjudicator did not breach natural justice nor act in excess of jurisdiction because the Notice of Adjudication was properly served at the plaintiff's registered address and the plaintiff had appointed a representative before the adjudicator was appointed; therefore the adjudicator's decision stands and the challenge is dismissed.
Court Disposition
Enclosure 1 dismissed with costs
Orders
- Enclosure 1 dismissed with costs
Full Case Text
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