9 Mar 2022
MRCB ENGINEERING SDN BHD TRIUMPHANT GALLERY SDN BHD
- Citation
- WA-24C-176-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-176-10/2021 (Mahkamah Tinggi)
The court set aside the entire adjudication Decision because the adjudicator breached natural justice by refusing to entertain MRCB's backcharge counterclaim on the ground it was not pleaded in the payment response; notwithstanding views on ss.5,6 and 27, stare decisis obligations and the breach warranted setting aside the Decision in full where partial set-aside was not sought by TG.