5 Jul 2022
DEWANI DESIGN SDN BHD ZHONGJI CONSTRUCTION SDN BHD
- Citation
- BA-24C-87-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-87-12/2021 (Mahkamah Tinggi)
Court held s7 Covid-19 Act does not deprive adjudicators of jurisdiction under CIPAA nor constitute an automatic ground to set aside an adjudication decision under s15(d); the party invoking s7 bears the evidential burden to prove inability was due to PCIDA measures and occurred on or after the Act's enforcement date; court cannot use inherent jurisdiction/O92 r4 to set aside AD where s15 supplies exclusive grounds; late‑raised grounds in a second affidavit not pleaded in originating summons or first affidavit cannot be relied upon; adjudicator did not breach 1st or 2nd rules of natural justi…