Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Cipaa s15
  • 17 Feb 2023

    MERIDIAN CONTRACTS SDN BHD BAUER (MALAYSIA) SDN BHD

    Citation
    WA-24C-137-07/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24C-137-07/2022 (Mahkamah Tinggi)

    The Court held the 2nd Adjudicator acted in excess of his jurisdiction by deciding the Defendant's damages/LAD set-off which had been finally resolved by the 1st Adjudication and affirmed by appellate process, therefore the 2nd Adjudication Decision dated 15.11.2021 was set aside under s15(d) CIPAA; declaratory reliefs against AIAC/adjudicator and refund of fees were dismissed as impermissible or unavailable under the statutory scheme.