25 Aug 2022
Wabina Constructions & Engineering Sdn Bhd Fulloop Sdn Bhd
- Citation
- WA-24C-42-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-42-02/2022 (Mahkamah Tinggi)
The Court held the adjudicator had jurisdiction because the contract and Letter of Award expressly prevented creation of privity between the employer and the nominated subcontractor despite direct payments by the employer; the SFA was admissible supporting evidence for the Progress Claim and did not create a new cause of action; there was no denial of natural justice or reversal of burden warranting setting aside; the adjudicator's costs award was within his statutory discretion; there were no special circumstances to stay enforcement pending arbitration between Wabina and the employer (Seal)…