ALPHA AUTOMATION (SELANGOR) SDN BHD R & F DEVELOPMENT SDN BHD

ALPHA AUTOMATION (SELANGOR) SDN BHD R & F DEVELOPMENT SDN BHD

R&F failed to prove on the balance of probabilities any ground under section 15 CIPAA to set aside the adjudication decision; accordingly the application to set aside was dismissed and Alpha's application to enforce the adjudication decision under section 28 was allowed, with costs awarded globally.

Source-derived case information.

Citation
JA-24C-6-03/2022 (Mahkamah Tinggi)
Parties
Plaintiff: R&F DEVELOPMENT SDN BHD; Defendant: ALPHA AUTOMATION (SEL) SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 November 2022
Case Number
JA-24C-6-03/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (cipaa Enforcement and Setting Aside) / Grounds of Decision (judgment Dated 23 02 2023)
Outcome
Application by R&F to set aside adjudication decision dismissed; application by Alpha to enforce adjudication decision allowed.
Legal Topics
Setting Aside Adjudication Decision, Enforcement of Adjudication as Judgment, Denial of Natural Justice, Jurisdiction of Adjudicator, Burden and Standard of Proof
Construction Law Adjudication/dispute Resolution (cipaa) Civil Procedure Setting Aside Adjudication Decision Enforcement of Adjudication as Judgment Denial of Natural Justice Jurisdiction of Adjudicator Burden and Standard of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

R&F DEVELOPMENT SDN BHD

Plaintiff

ALPHA AUTOMATION (SEL) SDN BHD

Defendant

Procedural Posture

Originating Summons (cipaa Enforcement and Setting Aside) / Grounds of Decision (judgment Dated 23 02 2023)

Legal Issues

  1. 1 Whether the adjudication decision of 15-12-2021 should be set aside under section 15 of the Construction Industry Payment and Adjudication Act 2012 (grounds: fraud/bribery, denial of natural justice, lack of independence/impartiality, excess of jurisdiction)
  2. 2 Whether the winner may enforce the adjudication decision as a High Court judgment under section 28 CIPAA 2012
  3. 3 Whether the applicant discharged the burden on a balance of probabilities to set aside the adjudication decision

Ratio Decidendi

R&F failed to prove on the balance of probabilities any ground under section 15 CIPAA to set aside the adjudication decision; accordingly the application to set aside was dismissed and Alpha's application to enforce the adjudication decision under section 28 was allowed, with costs awarded globally.

Court Disposition

Application by R&F to set aside adjudication decision dismissed; application by Alpha to enforce adjudication decision allowed.

Orders

  • JA-24C-3-01/2022 (R&F) — application to set aside the adjudication decision dated 15-12-2021 dismissed
  • JA-24C-6-03/2022 (Alpha) — application to recognise and enforce the adjudication decision dated 15-12-2021 allowed and to be enforced as a High Court judgment