30 Sept 2020
KUNTUM MELOR SDN BHD PERBADANAN PERWIRA HARTA MALAYSIA
- Citation
- WA-24C-107-06/2020 & WA-24C-149-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-107-06/2020 & WA-24C-149-07/2020 (Mahkamah Tinggi)
The High Court set aside the Adjudication Decision because the Payment Claim failed on the face of it to comply with mandatory s5(2)(a) and (c) CIPAA (no identifiable calendar due date and insufficient description of the works), which rendered the Adjudicator to have acted in excess of jurisdiction; additionally the Adjudicator breached natural justice by excluding PPHM's defences and relying on estoppel and extra-contractual material without affording PPHM an opportunity to meet those matters; accordingly the AD was set aside, stay granted and enforcement dismissed.