Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Advance security deposit (asd)

Legal area

Court

19 May 2025

FORTUNE FACADE TREATMENT SDN BHD 1. ) PUNG TIONG GEE 2. ) Pung Tiong Cheng

Citation

WA-24C-159-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-159-10/2024 (Mahkamah Tinggi)

The court held that the adjudicator's imposition of an automatic bar on FFT's participation for non-payment of the ASD, and failure to address FFT's application to refile or supplement its adjudication response and interrogatories, breached natural justice and was contrary to CIPAA and AIAC rules; there was a real possibility a different outcome would have resulted had FFT been allowed to fully participate. The court also found prima facie that aspects of the 2nd Legal Claim were precluded by the earlier settlement (res judicata). Accordingly the court granted relief in OS 159 and set aside t…
19 May 2025

1. ) PUNG TIONG GEE 2. ) PUNG TIONG CHENG FORTUNE FACADE TREATMENT SDN BHD

Citation

WA-24C-181-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-181-11/2024 (Mahkamah Tinggi)

The court set aside the adjudication decision because the adjudicator improperly imposed a direction effectively barring the respondent from fully participating for non-payment of the ASD contrary to CIPAA and the AIAC rules, thereby breaching natural justice; the adjudicator also failed to address the applicant's request to refile or supplement its response and to consider the res judicata defence, creating a real possibility of a different outcome if properly considered.