Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Construction industry payment and adjudication act (cipaa)

  • 8 Jan 2024

    ANAS CONSTRUCTION SDN BHD JKP SDN BHD

    Citation
    02(f)-3-01/2023(P) (Mahkamah Persekutuan)
    Court
    f
    Case number
    02(f)-3-01/2023(P) (Mahkamah Persekutuan)

    The Federal Court held that strict court-style pleadings do not apply to CIPAA adjudication; the payment claim and attached correspondence were sufficient to identify the cause of action (including reference to clause 36.6); an adjudicator is entitled to consider the whole contract and use inquisitorial powers under s25; a breach of natural justice will only set aside an award where the breach is material and likely to have affected the outcome. On the facts clause 36.6 was raised and in any event was not material to the award. The appeals are allowed and the Court of Appeal decision set asid…

    • Construction industry payment and adjudication act (cipaa)
    • Statutory adjudication
    • Natural justice
    • Pleadings in adjudication
    • Jurisdiction of adjudicator
    • Purposive statutory interpretation

  • 14 Aug 2020

    MKP BUILDERS SDN. BHD. (Co. No.: 386207-P) (BA-24C-6-01/2020) PC GEOTECHNIC SDN. BHD. (Co. No.: 381377-P) (BA-24C-21-02/2020) PC GEOTECHNIC SDN. BHD. (Co. No.: 381377-P) (BA-24C-6-01/2020) MKP BUILDERS SDN. BHD. (Co. No.: 386207-P) (BA-24C-

    Citation
    BA-24C-6-01/2020 & BA-24C-21-02/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24C-6-01/2020 & BA-24C-21-02/2020 (Mahkamah Tinggi)

    PCG was an unpaid party on the date of its payment claim because its causes of action for the progress claims and retention sum had accrued; Clause 5.1 did not postpone accrual; the adjudicator therefore had jurisdiction under s27(1) read with s5 CIPAA and did not act in excess of jurisdiction or breach natural justice in dismissing the extension and delivering the decision; the court cannot set aside part of an adjudication decision under s15 but may grant leave under s28(2) to enforce the adjudication decision; accordingly MKP's application to set aside is dismissed and PCG's application fo…

    • Construction industry payment and adjudication act (cipaa)
    • Jurisdiction
    • Natural justice
    • Enforcement of adjudication decision
    • Setting aside adjudication decision
    • Limitation