6 Feb 2023
MCC OVERSEAS (M) SDN BHD TENG YUE OVERSEAS CONSTRUCTION SDN BHD
- Citation
- JA-24C-1-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24C-1-01/2022 (Mahkamah Tinggi)
The court dismissed MCCO's applications to set aside and to stay execution because (1) an ongoing arbitration is not a ground to set aside under s.15 CIPAA and merits of the adjudication cannot be reviewed on a s.15 application; (2) there was no denial of natural justice nor excess of jurisdiction by the adjudicator; and (3) MCCO failed to show special circumstances to justify a stay under s.16. Consequently the adjudication decision was enforceable under s.28 and TYO's enforcement application was allowed.