11 Apr 2023
CEDY THIRD CONTRACTING AND TRADING SDN. BHD. ANCUBIC CONSTRUCTION SDN. BHD.
- Citation
- WA-24C-164-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-164-08/2022 (Mahkamah Tinggi)
The Court held that the Payment Claim met the statutory threshold under s 5(2) CIPAA when assessed objectively; the Adjudicator did not exceed his jurisdiction, the Adjudication Decision was made and delivered within the permissible timeframe (taking into account the withholding mechanism under s 19(5)), the appointment was valid despite lack of signature, there was no breach of natural justice, and accordingly the Setting Aside and Stay Application was dismissed and the Enforcement Application allowed. Costs were awarded to the successful party in the sums ordered by the Court.