Malaysia Case Law: Decisions & Judgments

Topic

Cipaa enforcement (s28)

Legal area

Court

17 Sept 2024

GOODWINDS PROJECT SOLUTIONS SDN BHD OKG (MALAYSIA) SDN BHD

Citation

WA-24C-44-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-44-03/2024 (Mahkamah Tinggi)

The court held the adjudicator did not exceed his jurisdiction and acted independently and impartially because he posed the correct legal question, considered the Cost Proposal and evidence and reasonably concluded the works were construction/fit‑out works not regulated interior design consultancy under the Architects Act; accordingly the setting aside and stay applications were dismissed and the adjudication award was ordered enforced.
6 May 2024

AMALAN SETAR (M) SDN BHD CHARTER BUILT CONSTRUCTION SDN BHD

Citation

WA-24C-187-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-187-11/2023 (Mahkamah Tinggi)

The court found no material breach of natural justice and no clear and unequivocal errors in the Adjudicator's Decision; the adjudicator addressed the contested matters and CBC demonstrated a prima facie right to the sum claimed based on the Final Account and admissions; consequently the stay and setting-aside applications were dismissed and the adjudication decision enforced as a judgment under s28 CIPAA.
1 Nov 2019

GUMI ASLI ELEKTRIKAL SDN. BHD. ( / ) (Co. No.: 99036-W) DAZZLING ELECTRICAL (M) SDN. BHD. ( / ) (Co. No.: 760567-V)

Citation

BA-24C-61-06/2019 DIDENGAR BERSAMA BA-24C-78-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-61-06/2019 DIDENGAR BERSAMA BA-24C-78-07/2019 (Mahkamah Tinggi)

The court excluded the two late letters for non-compliance with O 28 r 3C; held applicant failed to prove fraud on the balance of probabilities and failed to show the adjudication decision was improperly procured through fraud; held that by failing to serve payment and adjudication responses Gumi allowed the adjudicator to proceed lawfully under ss 6(4) and 10(3) CIPAA; consequently s 15 grounds failed and the court exercised its discretion under s 28 CIPAA to allow enforcement of the adjudication decision and dismissed the setting aside application.

Malaysia Case Law

GOODWINDS PROJECT SOLUTIONS SDN BHD OKG (MALAYSIA) SDN BHD

AMALAN SETAR (M) SDN BHD CHARTER BUILT CONSTRUCTION SDN BHD

GUMI ASLI ELEKTRIKAL SDN. BHD. ( / ) (Co. No.: 99036-W) DAZZLING ELECTRICAL (M) SDN. BHD. ( / ) (Co. No.: 760567-V)